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Providing Urgent Maternal Protections for Nursing Mothers Act

On Behalf of | May 22, 2023 | Employment Law Basics

Last month, the PUMP Act went into full effect, expanding protections for parents who return to work while still nursing. The PUMP Act stands for Providing Urgent Maternal Protections for Nursing Mothers Act and was passed in December 2022.

What is The PUMP Act?

The PUMP Act guarantees nursing workers the right to reasonable break time and a clean, private place to pump breastmilk. Even though Congress passed the new law in December, it was rolled out in phases to give employers  time to adjust to the changes.

What are the changes to the law under The PUMP Act ?

The PUMP Act builds on a 2010 law that mandated employers to provide breastfeeding accommodations. Amid the baby formula shortage last year and the new guidelines issued by the American Academy of Pediatrics supporting breastfeeding for two years or more, this new Act aims to strengthen the former law and provides additional protection for breastfeeding employees.  Specifically, the PUMP Act, expands rights to employees in different industries, including teachers and nurses, confirms that pumping time must count towards hours worked for the purpose of calculating minimum wage and overtime compensation, and provides for monetary remedies for employees whose rights under the PUMP Act have been violated.  

The PUMP Act does have some exceptions to coverage and employers with less than 50 employees may be exempt if they can demonstrate that providing the requisite break or space constitutes an undue hardship on the employer.

If you believe your employer has not provided you with sufficient break time or adequate space for pumping, contact GEL to schedule an initial consultation.