Recent federal legislation has introduced new requirements for employers regarding pregnant and nursing employees. The Providing Urgent Maternal Protections (PUMP) Act and the Pregnant Workers Fairness Act (PWFA) both aim to increase protections for workers, setting out specific obligations around break time, private spaces, and reasonable accommodations.
The PUMP Act applies to almost all employers, requiring them to provide reasonable break time and a clean, private space—not a bathroom—for employees to express breast milk during the first year after childbirth. The law also mandates that employers make available a cooled area for safe milk storage; this can be a shared refrigerator. Employers must allow employees to pump as often as needed. If an employee is working while expressing milk, that time must be compensated.
There are limited exemptions under the PUMP Act. Businesses with fewer than 50 employees may be excused if compliance would cause significant difficulty or expense, but such cases are rare. Additionally, if there are no lactating employees or no requests made by staff, employers are not required to provide these accommodations.
Employers can allow nursing mothers to use paid breaks for pumping; any extra unpaid break time may be deducted from hours worked unless the employee continues working while pumping. There is no set number of breaks allowed under the law.
The designated space does not need to be permanent but must always be available when needed. Privacy screens or signage should indicate when a room is in use if it cannot be locked.
The PWFA took effect in June 2024 and covers employers with at least 15 workers over 20 consecutive weeks. It requires businesses to offer reasonable accommodations related to pregnancy or breastfeeding upon request unless doing so causes undue hardship. Covered conditions include symptoms like morning sickness and fatigue as well as medical issues arising from pregnancy or childbirth.
Employees must communicate their limitations before receiving accommodations; both employer and employee should discuss suitable options with input from medical providers if necessary. Examples of accommodations include longer breaks, access to water at workstations, modified dress codes, schedule changes such as telework or reduced hours, temporary reassignment of duties, and leave for medical appointments or recovery after childbirth.
Employers are expected to respond quickly to accommodation requests. Delays or failures could result in investigations or legal action by federal authorities.
The PWFA prohibits certain actions: providing alternative accommodations that do not meet needs; denying employment due to accommodation requests when job functions can still be performed; forcing leave when other adjustments could suffice; retaliating against those who seek accommodation; and overriding doctors’ recommendations without proper basis.
Other federal and state laws may also grant additional rights concerning workplace accommodations for pregnancy-related needs. Employers are encouraged to review guidance from the Equal Employment Opportunity Commission (EEOC) on the PWFA and consult state labor departments about local regulations.
For further information on these laws or compliance questions, contact the U.S. Department of Labor’s Wage and Hour Division at (866) 487-9243 or email info@nfib.org.
