Along with the federal omnibus spending bill President Biden signed into law came the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). Both of these laws expand federal protections for pregnant and nursing workers. The PUMP for Nursing Mothers Act was signed into law on December 29th, 2022. This stemmed from the landmark legislation, The Break Time for Nursing Mothers law, which passed in 2010. It required employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the workday. This was the first step in helping nursing mothers. However, improvements still needed to be made, as one in four women was not covered by the Break Time Law.
Understanding The PUMP Act
The Pump Act made the following changes to the Break Time Law:
- Provides the right to break time and space to pump breast milk at work to millions of other workers, including teachers and nurses
- Makes it possible for workers to file a lawsuit to seek monetary remedies if their employer fails to comply
- Clarifies that pumping time must be paid if an employee is not completely relieved from duty
This legislation was enacted immediately after it was signed on December 29th, 2022. However, the enforced provision included a 120-day delay, making the effective date for that provision April 28th, 2023. There’s also a three-year delay in implementing the protections for railway workers. This act is the first standalone breastfeeding bill to receive a recorded vote on the House and Senate levels.
Your Responsibilities As A Business Owner
The new law entails quite a few changes that all business owners should be aware of. This act covers all employees, not just non-exempt workers. Your exempt employees should be paid their full weekly salary required by federal, state, and local law, regardless of if they take a break to breastfeed. Employees must provide notice of an alleged violation to the employer and give the employer a 10-day cure period before filing a claim. Employers with fewer than 50 employees can rely on the small employer exemption if compliance with the law would cause undue hardship because of significant difficulty or expense.
Partner With GMS To Stay Compliant
Complying with the ever-changing rules and regulations of your business is challenging. At GMS, we understand. That’s why our business model helps small business owners by taking on the administrative burdens you don’t have the time to manage. The most crucial step in complying with all laws and regulations is educating yourself and your employees. When you partner with GMS, you gain access to our learning management system (LMS), where you can create or participate in various courses. Whether your soon-to-be mothers need a refresher on their rights when they have a child or a new law needs to be enforced within your business, an LMS gives you access to resources to help you implement them. Contact us today to learn more.