PUMP it up! Breastfeeding accommodations in the workplace

The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and space requirements to pump breast milk at work. The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act was signed into law on December 29, 2022, further amending the FLSA to extend the reasonable break time requirement and expand lactation space requirements. The PUMP Act also extended available remedies for violations. Employers should be aware of the PUMP Act requirements, as well as any further protections imposed by state and local law.

Break time requirements

The PUMP Act requires employers to allow covered employees, for one year after a child’s birth, to take reasonable break time when they need to express milk. The Act is silent about what’s considered reasonable break time or how many breaks are permitted, reinforcing the drafters’ intent for these issues to be determined on a case-by-case basis depending on an employee’s individual needs.

The Department of Labor (DOL) has explained that the frequency and duration of breaks will depend on a variety of factors, including the location of the lactation space and the steps reasonably necessary to express breast milk, such as pump setup. An employer can’t deny a break for a covered employee who needs to pump.