Lactation Laws
U.S. Lactation Laws: The Fair Labor Standards Act (FLSA) is a Federal law that requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
On December 29th 2022 the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which was signed into law providing further federal protections for nursing employees under the FLSA. What does the law mean for you?
1. Almost all breastfeeding employees are covered. The PUMP Act extends coverage to ~9 million more women of childbearing age who were not previously covered under the 2010 federal Break Time for Nursing Mothers law. Now employers must support all employees for one year following the birth of a child including healthcare workers, salaried employees, teachers, and more. Unfortunately at this time certain employees of airlines, railroads, and motorcoach carriers are exempt from nursing employee protections under the FLSA.
2. Employers must provide reasonable break time.The law does not specify or limit the amount of break time required for pumping. As every mother is different in her frequency or duration needed to adequately pump, the law makes accommodation for variations in biology.
3. Not any space is a private space. The PUMP act defines what private space means. Employers must provide accommodations with a space that is not a bathroom and must be free from intrusion and shielded from public view (including security cameras).
4. Paid to Pump. The law clarifies compensation structure ensuring that if an employee is still working, any break time taken to pump is considered hours worked and compensated accordingly.
5. Includes the right to sue. The PUMP Act grants breastfeeding employees the right to file a lawsuit against their employer for non-compliance if the following steps have been taken:
Employer has been notified that they’re not in compliance.
The employer then has 10 days to comply.
Employees are not required to give employers 10 days to report non-space violations such as harassment or violations of break time.
6. Protects against employer retaliation. Whether oral or written complaints are made internally to the employer or externally to the Wage and Hour Division, employees are protected.
Note that if a company has 50 or fewer employees and compliance constitutes a “hardship” to the employer, the requirements can be waived. The burden of proof, however, is on the employer to show that enforcement of the law would cause “undue hardship.”
