The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act requires
employers to provide nursing mothers with reasonable break time to express breast milk
AND provide a private location (besides a restroom) to do so. These break periods are
considered unpaid if the employee is completely relieved from job duties. If they are
performing any type of work (i.e., checking emails, answering calls, etc.) during this
time, they must be paid.
All employers are required to follow the PUMP Act. However, employers with less than
50 employees do not need to comply if it would cause an undue business hardship.
Some other exemptions or exceptions apply to employers in certain transportation
industries.
In addition to the existing PUMP Act requirements, the Act now protects exempt
employees, in addition to non-exempt employees. The Act extends the period that the
employer must comply from one year after the birth of the child to two years. Employees
are also now required to notify their employer if they believe their employer is non-
compliant with the Act. Employers then have 10 days from the date of notification to
become compliant before legal action can be taken.
Updates to the Act are effective April 28, 2023. Covered employers are encouraged to
update their policies, procedures, and facilities to ensure compliance with the PUMP
Act. Employers are also encouraged to provide training to leaders in their organization
about the PUMP Act and how to handle any requests or compliance concerns. If you
need support with policy development or training, please reach out to one of our
consultants.
As the DOL gears up to begin enforcement, the agency released two tools to help
companies comply with the new law:
#1 – A frequently asked questions (FAQ) document where you’ll find answers on a variety of topics, such as:
- How the PUMP Act work requirements will apply to small businesses
- Accommodations that must be provided to nursing employees
- How analogous state laws affect the new federal legislation
- How the DOL will consider relevant factors for purposes of the undue hardship exemption, and
- What type of space must be made available for nursing employees.
#2 – An updated fact sheet outlining employers’ legal obligations which provides detailed information regarding:
- Covered employers and limited exemptions
- Break times to express milk
- Private spaces for breaks
- Compensation issues, and
- PUMP Act rights of remote workers.
For additional information on the PUMP act or to incorporate the PUMP act into your
existing handbook policies, contact Hubric Resources!
-Denise Garman, Sr. HR Consultant