Do you have pregnant employees, employees returning from parental leave, or employees who have had a child or children in the last two years? Recent updates to two laws may impact accommodations you provide pregnant and breastfeeding employees. Effective December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as The PUMP Act, expanded protections for breastfeeding mothers and, effective June 2023, the Pregnant Workers Fairness Act (PWFA) will provide new protections for pregnant employees.

The PUMP Act

The PUMP Act is already in effect, so if you are not already providing breastfeeding workers with reasonable time and a location to pump, you should start doing so now. Here’s what you need to know.

• The PUMP Act applies to all employers, regardless of size. However, if you have fewer than 50 employees, you may be exempt if compliance with the requirements would cause undue hardship.
• The act applies to all employees — exempt and non-exempt — with the exception of certain airline employees.
• Reasonable pumping breaks must be provided to breastfeeding employees for two years after a child’s birth.
• You are not required to compensate non-exempt employees for pumping breaks as long as they are relieved of all work duties during that break. If the employee is not completely relieved of work duties during the entirety of the pump break, the time must be compensated.
• The location for pumping breaks must be somewhere other than a bathroom and...

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