Breastfeeding in the Workplace: Know Your Rights Under the PUMP Act
We’re back with an exciting topic that addresses one of the most prominent barriers to breastfeeding for many new parents: returning to work. The Providing Urgent Maternal Protections for Nursing Mothers Act (commonly known as the PUMP Act ) ensures that new parents have the support and resources they need to continue breastfeeding and pumping after returning to the workplace. Signed into federal law in December 2022, the PUMP Act mandates that employers provide the necessary time and space for lactating employees to express breastmilk while at work. Here’s what you should know about your rights to breastfeed in the workplace.
Know your Rights: Protections for Lactating Workers
Under the PUMP Act, employers are required to provide the following accommodations at every available time the employee needs it:
Reasonable break time. Employers must provide break time for lactating employees to express breast milk whenever necessary. Importantly, there is no time limit for these breaks, allowing employees to pump for as long as needed. Although employers are not required to pay for these breaks, if an employee is not completely relieved of work duties during the entirety of the break, then they must be compensated for the break time. Additionally, if an employee uses employer-provided paid breaks to pump, those breaks must be paid.
Dedicated Space. Employers are required to provide a space for lactating employees to pump during the workday. This space must be clean, shielded from view, and free from intrusion of coworkers and the public. Additionally, this space may not be a bathroom.
Both accommodations must be provided for one year after the child’s birth
Who is protected?
Almost all employees are entitled to protections under the PUMP Act, regardless of gender orientation. However, there are exceptions for certain employees in industries like airlines, railroads, and motor coaches. For a comprehensive list of exceptions, check out Field Assistance Bulletin No. 2023-2.
Additionally, an employer with fewer than 50 employees can be exempt if they demonstrate that providing these accommodations would pose an undue hardship. Although, such claims are rare.
Asserting your rights
Under the PUMP Act, it is illegal to deny a breastfeeding employee’s right to pump. Employers are obliged to provide both a reasonable amount of break time and an appropriate space for lactation. If you encounter issues where your rights are not being respected, there are steps you can take. For assistance or to report violations, visit the U.S. Department of Labor Website.
No Retaliation. Employers cannot retaliate against an employee for exercising their rights, filing a complaint, or cooperating with an investigation.
PUMP ACT: A Quick Look
Break Time: Employers must provide reasonable break time for pumping.
Private Space: A clean, private space (not a bathroom) must be available for pumping.
Duration: Breastfeeding accommodations must be provided at every available time the employee needs it, for up to one year postpartum.
Coverage: Applies to almost all employees nationally, including those at small businesses. Protections apply regardless of gender identity.
Non-Discrimination: Employees may not be discriminated against for using rights to pump. Retaliation for requesting break time or space is illegal.
The PUMP Act marks a significant step towards supporting lactating employees in the workplace. You deserve the support necessary to simultaneously navigate both your roles as a parent and a professional. Understanding the rights and protections afforded to you can help ensure that your breastfeeding journey continues smoothly, especially as you transition back to work.
Alexia Colella, Intern
My name is Alexia and I am a junior at the George Washington University majoring in philosophy with a focus in public affairs, and minoring in women, gender and sexuality studies. I am passionate about studying gender disparities and their intersection with political and social realities. As a student-employee of the Breastfeeding Center, I have a unique opportunity to engage with these topics on a daily basis. I encounter a wide variety of challenges faced by nursing mothers, from navigating workplace policies to accessing essential resources. This experience has deepened my understanding and commitment to advocacy, particularly in the realm of maternal health. Looking ahead, I am eager to continue my work at the Center, using my voice and insight to advocate for nursing mothers and advance gender equality.