Nursing mothers now have pumped up rights at work. Congress recently passed the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act which went into effect on December 29, 2022, and expands the employment protections previously afforded to nursing employees through the Break Time for Nursing Mothers Law (Break Time Law).

Despite American Academy of Pediatrics guidance and the known benefits to breastfeeding, studies consistently show that only a minority of babies are still exclusively breastfed at six months. The recent formula shortage crisis has only revived conversations around family and breastfeeding support, especially for low-income workers who are more likely to work in jobs without parental leave or spaces to safely pump and store breastmilk. In fact, according to the U.S. Breastfeeding Committee, nearly one in four women of childbearing age were not covered by the previous Break Time Law. The PUMP Act has not only closed this legal loophole but also expanded employment protections to millions of working moms.

Who Does it Apply To?

The PUMP Act applies to employers of all sizes covered by the Fair Labor Standards Act (FLSA) and covers all employees, including exempt and non-exempt workers, except airline flight crewmembers (flight attendants and pilots) and certain railroad and motorcoach employees.

While the PUMP Act covers small employers, which are defined as employers with fewer than 50 employees, such employers may be excused from compliance...

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