We’ve discussed it before, but we’re here to dive deeper into the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. It’s a law that aims to protect nursing mothers in the workplace. Since it was signed into law on December 19th, 2022, the U.S. Department of Labor (DOL) has answered common questions employers may have. Let’s break it down.
Background
The PUMP Act builds on the Fair Labor Standards Act (FLSA), amended in 2019 by the Patient Protection and Affordable Care Act. The FLSA initially mandated reasonable break times and space for nursing employees to pump breast milk. The PUMP Act extends these protections to exempt workers who were not previously covered. This means that approximately 9 million additional employees now have lactation rights in the workplace. To help clarify the law, federal guidance has provided examples of what constitutes reasonable break times, prohibited retaliation against employees, and compensation guidelines.
Under the FLSA, employers cannot retaliate against workers for exercising their lactation rights or filing a complaint about a legal violation. Companies with fewer than 50 employees can be exempt from the PUMP Act’s provisions if they demonstrate compliance would impose an undue hardship.
Break Time Requirements
Under the FLSA, employers must provide nursing employees with a reasonable amount of break time for pumping for up to one year after the child’s birth. The frequency, duration, and timing of these breaks will vary depending on the employee and the child’s needs. Employers cannot require nursing workers to make up for the time spent on these breaks. If an employee is not relieved from work duties during the entire break, the time spent pumping is considered hours worked and must be paid for that time. Exempt employees, on the other hand, receive their full weekly salary regardless of their pumping breaks.
Space Requirements
The FLSA also stipulates that nursing employees should have access to a suitable space for pumping that meets specific criteria. This space should be:
- Shielded from view
- Free from intrusion from coworkers and the public
- Available each time it's needed by the employee
- Not be a bathroom
A bathroom is not an acceptable location for pumping breaks. Employers can create a temporary or converted space or make a designated area available if it meets the requirements mentioned above.
Compensation
The PUMP Act does not specifically require employers to compensate employees for pump breaks unless required by federal, state, or local laws. However, under the FLSA, all hours worked must be compensated, including time spent pumping if the employee is not completely relieved from duty during the break. Short breaks (usually 20 minutes or less) provided by the employer must be counted as hours worked. If an employer offers paid break time and a nursing employee chooses to use that time for pumping, they should be compensated like other employees taking breaks.
Exemptions
Some employers may not be exempt from specific requirements of the PUMP Act. Small employers with fewer than 50 employees can claim an exemption if compliance imposes an undue hardship. They must demonstrate that providing the necessary pumping time would cause significant difficulty or expense. There are also specific exemptions for certain employees in air carriers, rail carriers, and motorcoach services. The employer is responsible for proving that compliance with the pump time requirements would be an undue hardship in their specific circumstances.
Remote Workers
Remote workers are even entitled to the same lactation breaks as on-site employees. This means they have the right to a private, shielded space while pumping. Employers must ensure that remote workers are not observed during their pump breaks by any employer-provided or required video systems, such as computer cameras, security cameras, or web-conferencing platforms.
Streamline Compliance With The Support Of A PEO
Implementing the necessary changes to comply with the PUMP Act can seem overwhelming, especially for small businesses with limited resources. Have you considered partnering with a professional employer organization (PEO) like GMS? We provide comprehensive HR solutions, including compliance with labor laws and regulations. By partnering with GMS, small businesses can receive expert guidance and support in implementing the required policies and procedures for lactation breaks, ensuring they meet all legal obligations while prioritizing the well-being of their nursing employees.
With a PEO by your side, you can now navigate the complexities of the PUMP Act with ease, saving time, reducing administrative burdens, and fostering a supportive environment for nursing mothers. Empower your business and embrace the PUMP Act with the assistance of a trusted PEO like GMS. Contact us today to learn more.