The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was signed into law on December 29, 2022. Under the Fair Labor Standards Act (FLSA), most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work.
Most employees have the right to take reasonable break time to express breast milk for their nursing child for up to one year after the child’s birth. An employer may not deny a covered employee a needed break to pump. The frequency and duration of breaks needed to express milk will likely vary depending on factors related to the nursing employee and the child.
Factors such as the location of the space and the steps reasonably necessary to express breast milk, such as pump setup, can also affect the duration of time an employee will need to express milk. Under the FLSA, a bathroom, even if private, is not a permissible location for the employer to provide for pumping breast milk.
Since most employees are covered under the Fair Labor Standards Act (FLSA), the PUMP Act guidelines would apply. A few exceptions are made for small businesses.