PUMP Act’s expanded protections for nursing mothers take effect soon

Last December, Congress significantly expanded the protections afforded to pregnant workers by passing the highly anticipated Pregnant Workers Fairness Act (PWFA), as well as the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

As McAfee & Taft labor and employment attorney Paige Good discussed in her article, “New law to offer additional employment protections to pregnant workers, applicants,” the PWFA requires employers with more than 15 employees to provide reasonable accommodations to workers who experience medical conditions related to pregnancy and childbirth. It becomes effective on June 27, 2023.

The PUMP Act, which takes effect April 28, 2023, expands the breastfeeding protections provided by the Affordable Care Act of 2010. Employers should carefully note the following changes to ensure compliance with the new legislation.

PUMP Act to take full effect on April 28

The PUMP Act, which applies to virtually all employers, makes two key changes to the protections established by the Affordable Care Act. First, it significantly expands employee coverage to include exempt employees as well as nonexempt workers. Previously, only nonexempt nursing mothers were covered.

Second, it adopts all remedies available under the Fair Labor Standards Act (FLSA) in the event of noncompliance. Employers have a few months to prepare for the PUMP Act’s coverage expansion—which takes effect April 28, 2023—but the expanded remedies took place immediately.