PUMP Act
On December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act or PUMP Act) became law, extending right to pump protections to millions of workers and allowing for additional remedies for violations. The Pump Act provides workers (up to one year after their child’s birth) with:
- The right to reasonable break time, and
- A private space to pump breast milk during the workday
Provide covered employees with space that is:
- Functional for pumping milk
- Shielded from view
- Free from intrusion
- Available as needed
- NOT a bathroom
If an employee is not completely relieved from duty, time used to pump breast milk at work must be paid. Please see Wage and Hour Division Fact Sheet #22, Hours Worked under the FLSA. Paid Breaks: An employee who expresses milk during a break must be compensated in the same way that other employees are compensated for break time. Additionally, employees must be paid for breaks as required by State or local laws that apply to them.
If the space is not dedicated to the nursing employees’ use, it must be available when the employee needs it in order to meet the 5 statutory requirements previously listed above. UMD has permanent, dedicated spaces for employees to express breast milk. See UMD lactation rooms. If you need additional assistance, UHR Leave Management may also be contacted to work with an employee and their manager on identifying any necessary PWFA-related accommodations.
No. An employer may not require an employee to provide a doctor’s note before allowing an employee to take pump breaks. The FLSA requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time the employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.