Congress Expands Workplace Accommodations For Nursing Mothers By Passing The PUMP Act

January 18, 2023

What's New

The previous Congress passed the Providing Urgent Maternal Protection for Nursing Mothers Act on December 22, 2022, shortly before it adjourned. The PUMP Act expands the coverage of the 2010 Break Time for Nursing Mothers Act to executives, managers, and professionals who previously were exempt.

Additionally, the PUMP Act contains provisions for specific transportation workers — including air carrier crewmembers and employees of railroads and motorcoach services.

The PUMP Act:

Includes previously exempt employees, including executives, managers, and professionals.
Requires an employer to pay an employee for any time during her nursing break during which she is not relieved of all duties. (The PUMP Act does not mandate pay for the nursing break time.)
Includes reinstatement and promotion among the remedies available for violations.

For failure to provide a proper place to nurse (a private place that is not a bathroom), the law gives employers 10 days to fix the problem before an employee proceeds with a lawsuit.

What It Means

The PUMP Act does not preempt any state or local law that provides greater protections to employees. It does not require the Labor Department to issue new regulations, although we would expect DOL to update its guidance. The law took effect as soon as it was enacted.

What You Should Do

For most CWC members, the PUMP Act probably will not require significant modifications to current practices. Nevertheless, this would be a good time for employers to ensure that their policies providing break time for nursing mothers apply to all employees. CWC members can read more here.

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