Managers need to know what to do if an employee alleges that their employer isn't complying with the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act or if an employee seeks an accommodation under the Pregnant Workers Fairness Act (PWFA). The PUMP Act gives employers a 10-day "cure period," which they shouldn't squander. And the PWFA's requirements, although similar to the Americans with Disabilities Act's (ADA's), differ.
The PUMP Act largely took effect Dec. 29, 2022, but changes to remedies will take effect April 28. The PWFA takes effect June 27.
PUMP Act Compliance
Management training is crucial because the PUMP Act requires employees to notify their employer of the failure to comply with the law and to give a 10-day period for the employer to rectify problems, said Catherine Cano, an attorney with Jackson Lewis in Omaha, Neb.
The PUMP Act expands the right of nursing mothers to take breaks and have a private place to express breast milk during the workday, said Stacy Hickox, an attorney with Kalijarvi, Chuzi, Newman & Fitch in Washington, D.C. Before the PUMP Act amended the Fair Labor Standards Act, this right was limited under federal law to nonexempt workers. Now exempt workers—including salaried workers with duties that don't entitle them to overtime pay, such as nurses and teachers—have the right to express breast milk in a private place during the first year of their baby's life.
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