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  • We’ve discussed it before, but we’re here to dive deeper into the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. It’s a law that aims to protect nursing mothers in the workplace. Since it was signed into law on December 19th, 2022, the U.S. Department of Labor (DOL) has answered common questions employers may have. Let’s break it down.

    Background

    The PUMP Act builds on the Fair Labor Standards Act (FLSA), amended in 2019 by the Patient Protection and Affordable Care Act. The FLSA initially mandated reasonable break times and space for nursing employees to pump breast milk. The PUMP Act extends these protections to exempt workers who were not previously covered. This means that approximately 9 million additional employees now have lactation rights in the workplace. To help clarify the law, federal guidance has provided examples of what constitutes reasonable break times, prohibited retaliation against employees, and compensation guidelines.

    Under the FLSA, employers cannot retaliate against workers for exercising their lactation rights or filing a complaint about a legal violation. Companies with fewer than 50 employees can be exempt from the PUMP Act’s provisions if they demonstrate compliance would impose an undue hardship.

    Break Time Requirements

    Under the FLSA, employers must provide nursing employees with a reasonable amount of break time for pumping for up to one year after the child’s birth. The frequency, duration, and timing of these breaks will vary depending on the employee and the child’s needs. Employers cannot require nursing workers to make up for the time spent on these breaks. If an employee is not relieved from work duties during the entire break, the time spent pumping is considered hours worked and must be paid for that time. Exempt employees, on the other hand, receive their full weekly salary regardless of their pumping breaks.

    Space Requirements

    The FLSA also stipulates that nursing employees should have access to a suitable space for pumping that meets specific criteria. This space should be:

    • Shielded from view
    • Free from intrusion from coworkers and the public
    • Available each time it’s needed by the employee
    • Not be a bathroom 

    A bathroom is not an acceptable location for pumping breaks. Employers can create a temporary or converted space or make a designated area available if it meets the requirements mentioned above.

    Compensation

    The PUMP Act does not specifically require employers to compensate employees for pump breaks unless required by federal, state, or local laws. However, under the FLSA, all hours worked must be compensated, including time spent pumping if the employee is not completely relieved from duty during the break. Short breaks (usually 20 minutes or less) provided by the employer must be counted as hours worked. If an employer offers paid break time and a nursing employee chooses to use that time for pumping, they should be compensated like other employees taking breaks.

    Exemptions

    Some employers may not be exempt from specific requirements of the PUMP Act. Small employers with fewer than 50 employees can claim an exemption if compliance imposes an undue hardship. They must demonstrate that providing the necessary pumping time would cause significant difficulty or expense. There are also specific exemptions for certain employees in air carriers, rail carriers, and motorcoach services. The employer is responsible for proving that compliance with the pump time requirements would be an undue hardship in their specific circumstances.

    Remote Workers

    Remote workers are even entitled to the same lactation breaks as on-site employees. This means they have the right to a private, shielded space while pumping. Employers must ensure that remote workers are not observed during their pump breaks by any employer-provided or required video systems, such as computer cameras, security cameras, or web-conferencing platforms.

    Streamline Compliance With The Support Of A PEO

    Implementing the necessary changes to comply with the PUMP Act can seem overwhelming, especially for small businesses with limited resources. Have you considered partnering with a professional employer organization (PEO) like GMS? We provide comprehensive HR solutions, including compliance with labor laws and regulations. By partnering with GMS, small businesses can receive expert guidance and support in implementing the required policies and procedures for lactation breaks, ensuring they meet all legal obligations while prioritizing the well-being of their nursing employees.

    With a PEO by your side, you can now navigate the complexities of the PUMP Act with ease, saving time, reducing administrative burdens, and fostering a supportive environment for nursing mothers. Empower your business and embrace the PUMP Act with the assistance of a trusted PEO like GMS. Contact us today to learn more.

  • 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.