PUMP for Nursing Mothers Act

The federal FLSA’s Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, passed as part of the federal spending bill by Congress and signed into law by President Biden in December 2022, extends workplace lactation protections to (almost) all breastfeeding employees in the country.

The PUMP Act amends the 2010 federal FLSA law “Break Time for Nursing Mothers” that previously mandated workplace lactation accommodation protections—reasonable break time and a private non-bathroom space to pump for up to one year after a child’s birth—for non-exempt employees. Significantly, the PUMP Act grants these same protections to exempt employees too (e.g. salaried) and includes the right to sue for lost wages, emotional distress, punitive damages, and attorney fees. The Department of Labor is the federal agency in charge of overseeing this legislation.

Who is covered by the PUMP Act?

The PUMP Act expands federal FLSA workplace lactation protections to the almost nine million working women of childbearing age who were excluded from the 2010 “Break Time for Nursing Mothers'' law—including salaried professional, seasonal, and agricultural workers.

Are any businesses exempt from this law?

The PUMP Act includes a “hardship exemption” for businesses that employ 50 or fewer employees. A three-year delay has been granted to the motorcoach and rail industries, so they have until December 2025 to comply with the law. At this time, the PUMP Act does not provide protections for airline crew members—specifically pilots and flight attendants.

What are the requirements for a lactation accommodation?

The requirements for a lactation accommodation remain unchanged from the previous language of the FLSA law: a workplace lactation space must be shielded from view, free from intrusion, and not a bathroom.

How long are pump breaks?

The PUMP Act maintains the FLSA stipulation that employees must be given “reasonable” break time to express milk. The law does not specify how much time employees will need to pump, as that can vary from person to person. Some employees might only need 15 minutes, but others may need 30 minutes or more. “Reasonable” break time makes accommodation for variations in biology.

Are pump breaks paid?

The PUMP Act provides important clarification that if an employee is not completely relieved from duty during their pump break, then any time spent expressing breast milk should be considered “hours worked” and compensated accordingly.

How long do breastfeeding employees have these protections?

The PUMP Act provides the right to workplace lactation accommodations for one year after the birth of a child.

What happens if an employer is not in compliance?

Prior to making a claim against an employer, breastfeeding employees are required to notify them that they’re not in compliance. The employer then has 10 days to come into compliance. Significantly, the amended law now grants breastfeeding employees recourse to recover back pay and reinstatement.

When does this law go into effect?

The law went into effect the day it was signed, but additional remedies go into effect on April 28. Many states already have laws that protect workplace breastfeeding rights. Employers are required to follow the law (federal or state) that provides greater protections.

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.