As a business owner, staying up to date with the latest regulations and laws related to your industry is important. However, with the effective dates of the Providing Urgent Maternal Protections (PUMP) Act Enforcement and the Pregnant Workers Fairness Act (PWFA) quickly approaching, managers must ensure they are well equipped to navigate these new regulations. The PUMP Act and PWFA are significant legislative updates impacting many businesses. They will require company operations to change, and managers need to understand what these changes entail.
But first, let’s refresh ourselves on what these laws are.
PUMP Act
The PUMP Act was passed as part of the federal spending bill by Congress and signed into law by President Biden in December 2022. It ultimately extends workplace lactation protections to the majority of breastfeeding employees throughout the country. It amends the 2010 federal Fair Labor Standards Act (FLSA) law “Break Time for Nursing Mothers” that previously mandated workplace lactation accommodation protections. Employers must provide reasonable break time and a private non-bathroom space to pump for up to one year after a child’s birth. The PUMP Act grants these same protections to exempt and non-exempt employees and includes the right to sue for the following:
- Lost wages
- Emotional distress
- Punitive damages
- Attorney feed
The PUMP Act goes into effect on April 28th, 2023.
Understanding PWFA
PWFA will require employers to reasonably accommodate workers for known limitations related to pregnancy, childbirth, or related medical conditions. This act applies to all employers with 15 or more employees. Pregnancy discrimination was already prohibited by the Pregnancy Discrimination Act (PDA) of 1978. In addition, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy that qualify as a disability. However, many other common pregnancy-related conditions are not covered. That’s where PWFA comes into play – it extends protections similar to those provided under the ADA. It now accommodates the known limitations related to a qualified employee's pregnancy, childbirth, and related medical conditions.
PWFA takes effect on June 27th, 2023.
What You And Your Managers Should Understand
Now it’s time to discuss what your managers should be cognizant of should an employee allege their employer isn’t complying with these laws. With these effective dates approaching rapidly, what can you do to implement these requirements? Here are a few actions you and your managers should consider taking:
-Review and update policies: Employers should review their lactation accommodations, break times, and paid leave policies to ensure they comply with the new requirements under the PUMP Act and PWFA. In addition, your employee handbooks should be updated to reflect the changes.
-Provide training: You should train your managers or leaders within your organization on the new laws so they can answer employee questions and ensure compliance.
-Provide lactation accommodations: You must provide a private space, other than a bathroom, for employees to lactate. This space should be away from all employees and free from possible intrusions. In addition, you must provide reasonable break time for employees who need to breastfeed.
-Consider flexible work arrangements: Employers should consider offering flexible work arrangements such as a work-from-home option to help employees balance their work and caregiving responsibilities.
-Review record-keeping procedures: You must maintain records of lactation accommodations and break times provided to employees for three years. Consider reviewing your record-keeping procedures to ensure you comply with the new requirements.
Seems Like A Lot, Right?
As the second quarter of 2023 is in full swing, you have many responsibilities on your plate. We get it. The last thing you need right now is to get fined for not complying with yet another law. However, your employees are your greatest asset, and you must ensure they have a safe and welcoming environment. Have you considered partnering with a professional employer organization (PEO) to help you implement these changes? If you partner with a PEO such as Group Management Services (GMS), you gain access to HR experts that know the ins and outs of the PUMP Act and PWFA. We’re here every step of the way to ensure your business is compliant. Whether we need to update your employee handbook, create and implement policies and procedures, or provide you and your managers with training so you can better understand what these laws mean, we’ve got you covered. Contact us today so we can set you on the path to success.