On December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). Federal law already 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, when the Affordable Care Act was enacted, it excluded millions of employees—primarily salaried employees—from coverage. The PUMP Act amends the Fair Labor Standards Act (FLSA) to expand access to all employees.
- Effective date – expanded access provisions became effective immediately upon enactment, while the law’s remedies provisions are effective April 28, 2023 – 120 days from the date of enactment
- 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
- 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
- The Act includes a hardship exemption for small businesses that employ less than 50 employees and makes certain exemptions for airline, railroad, and motorcoach industry employers
- As with the PWFA, state law and/or municipal ordinances may provide greater protections to employees related to accommodations and additional rights regarding lactation
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