Why the PUMP Act Is a Win for Women and Parents in the Workplace

Working mothers who choose to breastfeed have scored a win. The Providing Urgent Maternal Protections for Nursing Mothers, or the PUMP Act of 2023, which went into effect on April 28, 2023, provides protections for women who breastfeed in the workplace. An expansion of the 2010 Break Time for Nursing Mothers Act, this historic legislation will change the lives of many working women who were previously forced to make some hard decisions navigating the issues of breastfeeding and working. 

According to data collection by the Bureau of Labor Statistics, 65 percent of single mothers and 60 percent of married mothers with children under the age of 6 are in the workforce. Though not all of these mothers choose to breastfeed, a significant number of these working women were forced to tolerate less-than-ideal pumping quarters or use break time in order to express milk. The lack of space or time to pump at work can lead to economic consequences, including resignation or loss of hours. 

In a study overseen by the Center for Worklife Law, which sought to gain insights regarding discrimination against breastfeeding women in the workplace, it was found that two-thirds of breastfeeding-related legal cases between 2010 and 2019 ended in job loss through firing or forced resignation. The economic pressure that comes with the lack of breastfeeding protections for workers can be especially taxing on low-wage workers, who were only half as likely to have access to time and space to express milk prior to the passing of the PUMP Act.

What Is the PUMP Act?

The PUMP Act was signed into law by President Biden on December 29, 2022, as part of the omnibus budget bill for 2023. It was first introduced by Democratic legislators Rep. Carolyn Maloney (D-NY) and Sen. Jeff Merkley (D-OR) and passed with strong bipartisan support — not a small feat in these often contentious political times. 

Though the Break Time law that was passed in 2010 as a part of the Affordable Care Act brought needed protections for breastfeeding mothers, the PUMP Act protects an additional 9 million workers left out of the previous bill. It also strengthened enforcements that were not included in the older law. 

The PUMP Act protects the worker’s right to reasonable break time to pump milk and the provision of a space for pumping. The original 2010 Act’s language regarding the place provided for pumping defined it as: “A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” 

Though those provisions may seem comprehensive, the 2010 Act contained some unintended loopholes. According to the Fair Labor Standards Act provisions on overtime pay, workers who were not entitled to overtime pay were excluded from protections under this Act. These outliers were left out of the 2010 Break Act, leaving a staggering 1 in 4 working women without breastfeeding protections in the workplace. 

The PUMP Act has closed these loopholes, giving better protections to more women working jobs such as teachers, nurses, retail workers, and agricultural workers, to name a few. The PUMP Act has also improved instructions for employers regarding when employees must be paid for pumping time or when they can remain unpaid, clearing up any confusion on that matter. 

The PUMP Act is not a complete rewrite of the 2010 Break Act. Rather, it is an improvement on protections already afforded to millions of workers. The 2022 PUMP Act will extend protections to more than 9 million more women, a win for breastfeeding women everywhere.

Business Requirements Under the PUMP Act

All employers that fall under the Fair Labor Standards Act are beholden to the PUMP Act. However, businesses with under 50 employees may be exempt if complying poses an undue hardship.

According to the United States Breastfeeding Committee (USBC): “Employers that have fewer than 50 employees are covered by the law and must provide break time and space; however, they may be excused from complying when providing the required break time and space would impose a significant difficulty or expense (called an ‘undue hardship’). Undue hardship is extremely rare. In almost all situations, employers with fewer than 50 employees must provide the required break time and space.”

Employers may find adhering to these new regulations daunting at first. But, given that a space can be designated at a low cost to the employer and can have significant upside to both the company and the employee, adhering to these new rules should not pose an issue in most — if not all — cases. Additionally, employers still have time to make adjustments to their current set ups to meet these new requirements, which is good news for many.

According to the USBC: “The law’s expanded enforcement provision, which gives a right to file a lawsuit for monetary remedies, included a 120-day delay, making the effective date for that provision April 28, 2023. In addition, there is a three-year delay in the implementation of the protections for certain rail carrier and motorcoach employees.” Organizations should take advantage of this time to evaluate their current configurations and identify the best solutions that help provide safe and sanitary lactation spaces for their employees.

In a recent article, Jessica Looman, principal deputy administrator of the U.S. Department of Labor’s Wage and Hour division, stated: “The Fair Labor Standards and Family and Medical Leave acts include provisions to protect the rights of new and expectant mothers to care for and bond with their children. For more than a decade, many working parents have had legal protections to have break time and proper space at work to express breast milk. The PUMP Act strengthens and expands these protections to give more working parents peace of mind when it comes to caring for their child.”

Though the 2010 Break Time Act was a significant step forward for working mothers who chose to breastfeed, it still left a whopping 60 percent of working mothers without break time and space to express breastmilk. With the PUMP Act having gone into effect in April 2023, women who choose to breastfeed and return to work now have fuller protection under the law and more options economically.