The PUMP Act for Nursing Mothers is part of the Consolidation Appropriations Act. It’s legislation designed to give more protections to working mothers who are breastfeeding children. The Fair Labor Standards Act and the Break Time For Nursing Mothers Act offer some protections for nursing mothers but the PUMP Act goes further to guarantee that women have appropriate time and an appropriate place to breastfeed or pump breast milk.
What is The PUMP for Nursing Mothers Act?
The PUMP Act for Nursing Mothers is a piece of legislation that was included as part of the Consolidation Appropriations Act in 2023. The PUMP Act for Nursing Mothers says that almost all nursing employees have the right to reasonable break time to express breast milk. It also says that they must have access to a place that is not a bathroom but is shielded from view, private, and free from intrusions so that they can express breast milk. These accommodations must be provided for up to a year after the employee gives birth.
What Employers Must Abide By The PUMP Act?
Any employer that is covered by the Fair Labor Standard Act and has more than 50 employees must comply with the accommodations made by the PUMP Act. Employers with fewer than 50 employees may not be required to make these accommodations.
Does Break Time Get Paid?
Employees must be given reasonable break time to express milk until the PUMP Act. But, if the employee is completely relieved of their duties during that break time that break doesn’t have to be paid time. However, if the employee is not completely relieved of their duties for the time they are on break they must be paid for that time. If employers normally offer paid break time that break must be paid. If state laws require that breaks must be paid those laws must be enforced.
What Kind of Space Must Be Provided Under The PUMP Act?
The PUMP Act requires that employees have access to a private area that is shielded from view and safe from intrusions. The law specifically states that the space provided cannot be a bathroom. Employers may need to get creative to find a space that fits the requirements of the PUMP Act. However, the space can be a temporary space. If there are no nursing employees at the company a dedicated space doesn’t have to be provided.
What Should I Do If I Am Denied Space or Time to Pump?
If you’re a nursing mother who has been denied the space or break time to pump while you’re working, you can file a claim with the Wage and Hour Division because your rights have been violated by your employer. To get personalized advice about your situation fill out a Free Case Evaluation form and you’ll be connected with an independent employment lawyer who may be able to help you with filing a claim and what your rights are under the PUMP Act.
