What is the 2022 Pump Act?

​The Providing Urgent Protections for Nursing Mothers Act (“PUMP Act”), passed on December 29, 2022 law, made several important changes to close some loopholes in the original break time laws for nursing mothers.

Changes made by the PUMP Act

  • It expands the legal right to receive pumping breaks and private space to nearly 9 million more workers.
  • In April 2023 an employee will have rights to file a lawsuit against an employer that violates the law. to seek monetary remedies in court.
  • It provides clarification that pumping time counts as time worked when calculating minimum wage and overtime rates if an employee is not completely relieved from work duties during a pumping break.

What are specific rules employers must follow under the law?

  • Employers of ALL sizes are required to provide a reasonable amount of break time and a clean, private space for lactating workers to express milk for up to one year following the birth of the employee’s child. The pumping space cannot be a bathroom.
  • Protections apply regardless of the employee’s gender.
  • Employers with fewer than 50 employees must also comply and provide break time and an appropriate, private space unless the required break time and space would impose a significant difficulty or expense, causing an “undue hardship.”
  • Implement PUMP Act rights in employee policies or handbooks.

Effective Dates for PUMP Act and Enforcement

  • The PUMP Act became effective December 29, 2022. But the law’s enforcement provision, giving employees the right to file a lawsuit for monetary remedies, was delayed by 120 days, imposing an effective date of April 28, 2023.
  • Before filing a Pump Law enforcement suit, an employee must notify their employer that an adequate space has not been provided, 10 or more days before filing the suit in court. Informing an employer that the lactation space is not adequate may give the employer an opportunity to provide what is needed.
  • A lawsuit can be filed with the DOL immediately for violations of the break time requirement, if an employer refuses to provide a private space or if an employee is terminated for requesting break time or space to express breast milk.

For a sample employee handbook provision or policy to implement the 2022 PUMP Act, please review the following draft below which should be customized to fit your organization’s procedures to comply.

Do not hesitate to contact our Salus Group Compliance Manager, Valerie Bruce Hovland at [email protected].

SAMPLE POLICY-Not intended as legal advice

Lactation Accommodation Policy Updated For 2022 PUMP ACT

Objective

[Company Name] supports breastfeeding employees and compliance with the 2022 PUMP Act. This organization will accommodate any employee who needs to express breast milk during a workday. [This policy applies to employees who work on-site, at off-site corporate locations or remotely.]

Accommodations for Lactating Employees

Breastfeeding employees will be provided time and space to express milk during work following the birth of a child. Accommodations under this policy include a place, other than a bathroom, which is shielded from view and free from intrusion from coworkers and the public. Discrimination and harassment related to breastfeeding are unacceptable and must not be tolerated.

Beginning after birth until a child’s first birthday, any employee who is breastfeeding must be provided reasonable break times to express breast milk. [Company Name] has designated [insert private room or designated private areas/locations] for this purpose.

Employees must reserve the [designated area] by contacting [insert name and phone number]. Employees who work remotely or at off-site company locations will be accommodated with a private area, as necessary and must alert [insert name and phone number] of their need to take time to express breast milk.

[An onsite refrigerator reserved for the specific storage of breast milk is available at [insert location for specific breast milk refrigerator]]. Any breast milk must be labeled with the name of the employee and the expressed date of the breast milk before it is stored in the onsite refrigerator. Any nonconforming products stored in the refrigerator may be disposed of by our organization. Employees assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper refrigerator storage, disrupted refrigeration operations and tampering.

Breaks of more than 20 minutes in length may be considered unpaid. When applicable or appropriate, employees will be notified that breaks for breast milk expression must be recorded on timesheets.

Contact Information

Please contact [name of contact] at [phone number] for more information on how our organization supports employees who need to express breast milk during working hours.