Protections for pregnant and nursing mothers in omnibus spending bill

The recently enacted Consolidation Appropriations Act of 2023 (H.R. 2617) included two provisions for pregnant and nursing mothers.

Expanded lactation break rights to exempt employees

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act amends the lactation provision of the Fair Labor Standards Act (FLSA)—inserted by the Affordable Care Act (ACA)—to add that exempt workers (in addition to nonexempt workers) have the right to reasonable break time to express breast milk in a private secured place that is not a bathroom for one year after a child’s birth.

The law also claims to clarify that the compensability of this time (with respect to nonexempt employees), but it really doesn’t do that. It maintains the presumption that the time is non-compensable, provided the employee is completely relieved of their job duties, but employers already knew that.

What really would’ve been helpful would be establishing a minimum time threshold for the pumping break to be non-compensable, but I digress.

Employers should continue to exercise caution when declaring any break of fewer than 20 minutes to be non-compensable, including lactation breaks. Employers of fewer than 50 employees may be exempted if they can meet the standard of showing compliance would be an undue hardship (consult counsel first!).

The PUMP Act takes effect on April 28, 2023.

Beware misinformation about the PUMP Act!