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Protections for breastfeeding employees were expanded under the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) included in the 2023 omnibus spending bill signed by President Biden on December 29, 2022. While the law went into effect upon signing, there’s a 120 day delay for enforcement remedies. The delay in enforcement gives employers time to come into compliance. 

The PUMP Act expands protections previously required under the Patient Protection and Affordable Care Act (Affordable Care Act), which amended section 7 of the Fair Labor Standards Act (FLSA) and required many employers to provide reasonable time and a private place other than a bathroom for lactating employees to express milk for the first year of a child’s life. However, the previous law applied to non-exempt employees. Under the PUMP Act, protections are expanded to exempt employees. The PUMP Act also states that non-exempt employees must be paid if they express milk during an otherwise paid break period or are not completely relieved of their duties for the entire period. Exempt employees should be paid their full weekly salary, regardless of any breaks to express milk.

The law, with some exceptions, requires employees to provide notice of a perceived violation to the employer and give the employer 10 days to cure any violation before filing a suit. The PUMP Act also preserves the so-called Small Employer Exemption, which states that employers with fewer than 50 employees may not have to comply with the law if compliance would cause an undue hardship.  

The law does not preempt state or local laws that provide greater protections. For example, in Colorado, the Workplace Accommodations for Nursing Mothers Act requires all employers with one or more employees to provide reasonable break time for up to two years after the child’s birth.

If you have any questions or need assistance, please contact the Employers Council Member Experience team at info@employerscouncil.org.