The PUMP Act



Hello! Welcome to Training with LegalEase. Today, we will talk about the PUMP Act. What is the PUMP Act and what are the requirements?

In December of 2022, President Joe Biden enacted what we call the PUMP Act. It is part of the Fair Labor Standards Act and requires employers to allow nursing mothers to take a break during the workday to express (or pump) breast milk.

Now, let’s talk about the specific requirements.

Since the PUMP Act is a part of the Fair Labor Standards Act, it only applies to those employers (or employees) covered by the Fair Labor Standards Act. If you have a question about whether you’re covered, give us a call.

If you are a covered employer (or a covered employee), you must:

  • Allow nursing moms to take a break during the day, whenever necessary, to express (or pump) breast milk.
  •  She must have a private location that is not a bathroom. The private location cannot be a bathroom, even if the bathroom is private.
  • The nursing mom must be completely relieved of duty during this break, or the mom must be paid for the break, if she is working and pumping at the same time.
  • Nursing moms are entitled to this break for up to one year.

Important note: The PUMP Act also applies to employees who are teleworking, so even your teleworking employees are entitled to take a break to express (or pump) breast milk.

Employers should not retaliate against the nursing mom for requesting her break.

That’s the PUMP Act in a nutshell. If you have questions about the Act, call us. We will be happy to help you.