As previously reported, on December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), which expands workplace protections to all breastfeeding employees covered by the Fair Labor Standards Act (“FLSA”).
Federal law requires employers to provide employees with reasonable break time to express breast milk for one year after the child’s birth and a place to do so, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public. However, the law only applied to certain employees. The PUMP Act now amends the FLSA to expand access to all employees. The PUMP Act was effective immediately, while the law’s enforcement provisions are effective April 28, 2023.
As a reminder, time spent to express break milk must be considered “hours worked” if the employee is not completely relieved from duty during the entirety of such break. In addition, the PUMP Act includes an employer notice provision requiring employees to notify their employer of a failure to provide a suitable place to express breast milk, as defined by the law, and to allow ten days after such notification for the employer to come into compliance.
It’s important to keep in mind that State law and/or municipal ordinances may provide greater protections to employees related to accommodations and additional rights regarding lactation. Notably, New York State recently enacted legislation that will require private sector employers throughout New York State to meet new time, space and notice requirements for accommodating employees who pump breast milk in the workplace (see blog here).
Should you have any questions regarding the PUMP Act or any other employment law related issue, please contact Ali Law Group.