What is the PUMP Act and when did the law go into effect?
The PUMP Act is a measure that amended the Break Time for Mothers provision to give nursing women adequate time and a private space to pump their milk.
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act aims to support working mothers who choose to breastfeed their infants by ensuring that they have access to the time and space needed to express breast milk while at work.
What is the PUMP Act?
The law requires certain employers to provide reasonable break time for lactating mothers to express breast milk as frequently as they need.
Employers must provide a private, non-bathroom space such as a lactation room for nursing mothers to extract breast milk. This space must be shielded from view and free from intrusion by co-workers or the public.
These provisions must be made available whenever needed by the employee, for up to one year after the child’s birth.
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Who are covered by the PUMP Act?
The PUMP Act applies to non-exempt hourly employees covered by the Fair Labor Standards Act (FLSA). However, certain small employers with fewer than 50 employees may be exempt from these requirements if compliance would impose an undue hardship.
Employers covered by the PUMP Act are required to inform employees of their rights under the law. This notice may be included in the employee handbook or provided in another easily seen and accessible manner.
An employer shall not be required to pay an employee who was given an adequate break, for any work time spent on expressing milk. However, if the worker is not completely relieved from her duties during the entirety of such a break, the time shall be considered hours worked.
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When did the PUMP Act go into effect?
President Joe Biden signed the Consolidated Appropriations Act- which includes the PUMP Act- into law on Dec. 29, 2022, when the measure went into effect.
The law amended the Break Time for Nursing Mothers provision of the FLSA passed in 2010 to make sure that loopholes in the original act were closed.
The new law makes it possible for employees to file a lawsuit to seek monetary compensation in the event that their employer fails to comply with any of its provisions.