The PUMP Act: Supporting and Protecting Nursing Moms at Work

Studies are clear: businesses excel with female employees. According to Forbes, over 60% of gender-diverse companies report marked increases in profits and productivity with women on board, including more creativity, consumer understanding, and enhanced employee retention. Yet, despite these benefits, women in the workplace still face many hurdles—especially those with young children. However, thanks to the 2023 federal PUMP Act (Providing Urgent Maternal Protections), breastfeeding is no longer one of them.

The PUMP Act protects nursing mothers from unfair discrimination and requires employers to accommodate their lactation needs. Here’s what you need to know about this important legislation and what Kreis Enderle can do to help if your employer falls short.

What Is the PUMP Act?

Breast milk contains countless antibodies and nutrients that help newborns grow healthy and strong. Yet, the number of breastfeeding moms declines significantly once they return to the workforce, often due to a lack of pumping facilities and no structured break time.

The PUMP Act attempts to level some of these unnecessary hurdles and outlines some of the following provisions:

  • Break Time: Employers must provide reasonable breaks for nursing mothers to express their milk.
  • Private Space: Employers must provide a designated space for expressing milk.
  • Compensation: Lactating mothers who use paid break time to express their milk can be compensated.
  • Discrimination: Women who exercise their rights under this act are protected from discrimination and workplace fallout.
  • Enforcement: If an employer does not honor these terms or a woman is discriminated against for exercising her workplace rights, the act outlines a path to enforce these basic needs.

These protections last up to a year after a child’s birth, empowering nursing mothers to make the right choice for their child without worrying about unnecessary workplace discrimination.

What Is a Designated Pumping Space?

Employers must provide a designated space for breast pumping, and—before anyone suggests it—we’ll eliminate the obvious: bathrooms do not qualify as private spaces for pumping.

Not only are bathrooms incredibly unhygienic, they’re also impractical. A qualified pumping space is private, enclosed, and offers complete relief from workplace duties. It has a lockable door and comfortable seating, access to running water, counter space, and proper electrical outlets. And while not required, a good pumping space also has separate refrigeration. (No mother wants to store breastmilk next to yesterday’s turkey sandwich in the breakroom.)

What Does Reasonable Break Time Look Like?

Under the PUMP Act, employers must give nursing mothers a “reasonable” number of breaks to express milk. There is no set maximum or minimum, and there isn’t a set schedule (for example, every four hours) since these needs can vary daily. Instead, employees should be able to take their breaks as needed throughout the workday.

If the break is entirely work-free, an employer isn’t required to pay a mother for this time, though they certainly can. However, there are some exceptions. For example, the employee should be paid if:

  • The employee would be entitled to a paid break under company policy.
  • The employee uses regular paid break time to pump.
  • The employee continues to work while they pump.

An employer who doesn’t want to compensate this time should ensure the worker is free from all work responsibilities—including checking email and other menial tasks.

No woman should have to choose between her job and her child’s nutrition. If you’ve experienced nursing discrimination or limitations in your workplace, you may want to speak to an experienced attorney about your options.

Do You Need Help With an Uncooperative Employer?

Women make the workplace better. With them, businesses thrive, markets expand, and consumers benefit. However, this influence shouldn’t come at the expense of a woman’s basic physical needs to feed her infant child.

As parents, we understand the challenges of leaving a nursing child at home. If you’re a lactating mother and have questions about how the PUMP Act protects your rights at work, we want to hear from you. Contact Courtney Schlipp Fisk, and let us help you transition back to work as smoothly as possible.

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