It’s no secret that being a working mom has challenges, and that’s especially true for women who are returning to work after giving birth.
On top of the emotional and logistical obstacles they face, many post-partum women have the added challenge of needing to express breastmilk throughout the day.
The PUMP Act— which stands for Providing Urgent Maternal Protections — is a law that requires employers across the nation to provide reasonable break time and a private, non-bathroom space for an employee to pump breast milk.
The location must be shielded from the view of others and free of intrusion from the public or coworkers, and the employee must have access to these accommodations for one year after childbirth.
It was signed into law at the end of 2022 and helped close gaps in the Break Time for Nursing Mothers law that left 1 in 4 women without pumping protection during the workday and expanded the legal right to teachers, registered nurses, farmworkers, and more. The PUMP Act also clarifies that these breaks count as working time and allows an employee to take legal action against the employer if the law is violated. On April 28, 2023, The PUMP Act expanded its enforcement provision to allow employees to file a lawsuit for monetary remedies.
A lawsuit can be filed under the following circumstances:
- Violations of the break time requirement
- The employer indicates no intention of providing private space for pumping
- If an employee is terminated for requesting break time or space
Complaints can be filed with the U.S. Department of Labor Wage and Hour Division (WHD) at the toll-free number 1-800-487-9243 or by visiting www.dol.gov/whd. Employees may also contact the free helplines from the Center for WorkLife Law and/or A Better Balance to understand their legal rights and options.
