Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act
Definition
A federal law that extends workplace protections for nursing employees by requiring employers to provide reasonable break time and a private, non-bathroom space to express breast milk.
What is the PUMP Act?
The PUMP for Nursing Mothers Act, signed into law in December 2022, significantly expanded existing protections for nursing employees under the Fair Labor Standards Act (FLSA). Under the PUMP Act, nearly all employees, including exempt, salaried, and remote workers, are entitled to reasonable break time to express breast milk for up to one year after a child’s birth, as well as a private space that is not a bathroom and is shielded from view and intrusion.
Why is the PUMP Act Important for Employers?
- Expands coverage significantly beyond the prior Break Time for Nursing Mothers law; exempt and salaried employees are now protected
- Prohibits employers from penalizing, restricting, or discouraging employees from taking nursing breaks
- Requires lactation spaces to meet specific privacy and functional standards under the law
- Violations may result in lawsuits, back pay, compensatory damages, and other legal remedies
FAQs
Who is covered under the PUMP Act?
Nearly all employees are covered, including part-time, temporary, salaried, exempt, and remote workers. This is a substantial expansion from the prior law, which applied only to non-exempt employees.
Does the PUMP Act require that nursing breaks be paid?
Not always; if an employee is completely relieved of all duties during the break, it does not need to be paid. However, if the employee is performing any work tasks during the break, the time must be compensated.
How long must employers provide break time for expressing breast milk?
Employers must provide reasonable break time for up to one year after the child’s birth.
What qualifies as a compliant lactation space under the PUMP Act?
The space cannot be a bathroom, and must be:
• Shielded from view and free from intrusion by coworkers or the public,
• Functional for expressing milk, and
• Have access to a power outlet and nearby water when possible
How ExtensisHR Can Help
We work with employers to:
- Review and update lactation accommodation policies and employee handbook language
- Advise on what constitutes a legally compliant lactation space
- Train managers on employee rights and required break accommodations
- Ensure that exempt employee compliance is addressed alongside hourly worker requirements
- Maintain multistate compliance where state laws offer additional protections