Following issuance of Frequently Asked Questions and an updated Fact Sheet on the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP” Act) as discussed in our March 2023 E-Update, the U.S. Department of Labor has now released a Field Assistance Bulletin to provide additional clarification on how this new law should be applied.
The PUMP Act expands existing lactation protections for nursing mothers under the Fair Labor Standards Act, as discussed in our December 2022 E-Update. Under the new law, employers are required to provide nursing mothers with a reasonable amount of break time and private space to express milk for up to one year after the child’s birth.
The new guidance provides some interesting detail regarding how the DOL intends to interpret an employer’s obligations under the Act, including the following points:
Break Time. The DOL emphasizes that employers may not deny a needed pump break, and notes that the frequency, length and timing of the breaks needed will vary depending on the employee’s specific situation, as well as other factors like the location of the private space and pump setup requirements. In addition, while the employer and employee may agree to a schedule of breaks, the employer may not insist that the employee adhere to a schedule that does not meet their needs. Moreover, the schedule may require adjustment as the employee’s needs change.
Paid Breaks? Pump breaks need not be paid unless required under Federal, state or local...
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