On April 28, 2023, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act went into effect. The PUMP Act expands existing employer obligations under the Fair Labor Standards Act (FLSA) to provide an employee with reasonable break time to express breast milk for the employee’s nursing child.
Specifically, the PUMP Act requires employers to provide a reasonable break time (paid or unpaid) for an employee to express breast milk each time the employee has a need to express the milk for one year after the child’s birth. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion in which the employee can express breast milk.
Which Employees Are Covered by the PUMP Act?
The PUMP Act extends the protections to all employees, nonexempt and exempt. Certain workers in the transportation industry are excluded from the PUMP Act. It’s important for employers and employees to understand that the PUMP Act requires employees to be paid during the time used to express breast milk if, the employee is not completely relieved from duty during the entirety of the break. If a nonexempt employee continues to work, or is interrupted during the break, then they must be paid for the entire break.
Which Employers have to Comply with the PUMP Act?
The PUMP Act does not apply to employers with fewer than fifty (50) employees if certain requirements under the law would cause an undue hardship to the employer. It is important for employers to know that the PUMP Act does not supersede or outweigh any state and local laws that provide more generous protections, such as requiring paid breaks to express breast milk.
What Actions Should Employers Take?
Staying up to date on the changes laws and communicating those updates to managers, supervisors, and employees is crucial. 
Covered employers should consider reviewing and updating accommodation policies and procedures to become compliant with the PUMP Act and applicable state laws, training mangers, supervisors, employees, and the human resources department on understanding the requirements of the PUMP Act and recognizing potential requests for accommodations under the PUMP Act, and discussing with key organization stakeholders what accommodations employers could potentially provide to employees who are expecting or new mothers with known issues.
The Equal Employment Opportunity Commission (EEOC) has issued guidance related to the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act which can be found here. The EEOC has also issued a related fact sheet which can be found here. Employers must update all Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA) posters. Updated posters can be found on the Department of Labor website.
How Can MDM Legal, pllc Help?
MDM Legal, pllc is experienced on reviewing and updating employee manuals, policies, and procedures. In addition, we are very skilled in training employees at all levels on employer policies. Give us a call at (561) 518-9312 or email us at info@mdmattorneys.com to learn how we an tailor our services to fit your business needs.
