Current Workplace Lactation Protections
The original Breaktime for Nursing Mothers Provision passed in 2010 as part of the Affordable Care Act. While it provided protections for many people expressing milk while at work, there were gaps in coverage. A new PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act passed as part of the budget bill and became active as of April 28, 2023.
What did the original Breaktime for Nursing Mothers Provision say?
Employers must provider a private, NON BATHROOM space that is free from intrusion for employees to express human milk for up to one year
Employers must provide reasonable break time for workers to pump
Employers with 50 or fewer employees are exempt from providing accommodations if they can prove the law would cause “undue hardship”.
Example Lactation Room
What new protections does the PUMP Act provide?
Additional protections for around 9 million more workers originally left out of the Breaktime for Nursing Mothers Provision including teachers, nurses, farmworkers and many salaried employees. Certain transportation and rail workers will be covered in 2025. Unfortunately, airline crew members remain uncovered.
Additional protections for paid break time. In general break time to pump does not have to be paid. HOWEVER, if an employee is not completely relieved from duty (aka partially/fully working) their time must be compensated as time worked and count towards minimum wage or overtime.
Employees are now able to file a lawsuit against an employer that violates the law and seek monetary remedy in court.
Employees are protected from retaliation for filing a complaint
Employers of ALL SIZES are now required to provide reasonable break time and space. Employers with fewer than 50 employees must comply with provisions unless they can prove “undue hardship”. Undue hardship is extremely rare.
Protections apply regardless of employee’s gender.
What do I do if my employer isn’t complying or is unwilling to work with me?
File a complaint with the US Department of Labor Wage and Hour Division by going to this link
Contact free helplines to better understand their legal rights including Center for WorkLife Law and Better Balance
File a lawsuit for violations of break time requirement, refusal to provide an appropriate non-bathroom space, or if you have been fired for requesting break time or space. Employees must notify their employer that an adequate space has not been provided at least 10 days before filing a lawsuit to allow time for an employer to provide what is needed.
An employee does not need to file a lawsuit in order to file a complaint with the Department of Labor
