What protections does the PUMP Act provide to nursing mothers in the workplace?

The PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act is a U.S. federal law aimed at expanding protections for nursing mothers in the workplace. It builds on the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), providing more comprehensive support for breastfeeding mothers.

Here are key aspects of the PUMP Act and its impact on mothers in the workplace:

1. Extended Coverage: The PUMP Act broadens the scope of the existing lactation break time and space requirements to cover more employees. Under previous laws, only non-exempt (hourly) employees were guaranteed these protections. The PUMP Act extends these protections to cover both exempt (salaried) and non-exempt employees.
2. Break Time for Pumping: Employers are required to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth. These breaks must be provided each time the employee needs to pump.
3. Private Space for Pumping: Employers must provide a private space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, for employees to express breast milk.
4. Compensation for Break Time: Under the PUMP Act, if an employee is not completely relieved from duty during the pumping break, the time must be compensated as work time. This is particularly important for non-exempt employees who are paid hourly.
5. Enforcement and Penalties: The PUMP Act includes provisions for employees to file complaints with the Department of Labor if their rights under the Act are violated. There can be penalties for employers who fail to comply with the law.
6. Small Business Exemption: Employers with fewer than 50 employees may be exempt from these requirements if they can demonstrate that compliance would impose an undue hardship on the business, considering the difficulty or expense of compliance in relation to the size, financial resources, nature, or structure of the employer's business.

By implementing these measures, the PUMP Act aims to create a more supportive and accommodating work environment for breastfeeding mothers, helping them balance their work responsibilities with their need to provide nutrition for their infants. Contact The Justice Law Firm, LLC today for a FREE consultation.