Recent federal laws have increased workplace duties for employers: the Providing Urgent Maternal Protections (PUMP) Act and the Pregnant Workers Fairness Act (PWFA). Together, they expand protections for employees and set new rules for break time, private space, and reasonable accommodations for pregnant and nursing workers. Employers should understand their compliance responsibilities under both laws to reduce legal risks and create a supportive work environment.

The PUMP Act

The PUMP Act is a law that requires employers of all sizes to provide reasonable break time and a clean, private space for employees to express breast milk for one year after the birth of their child. The PUMP Act expands protections of the Break Time for Nursing Mothers law to millions more employees, so that nearly all employers must abide by the PUMP Act.

Key Provisions of the PUMP Act:

• Employers must provide reasonable break time for employees to express breast milk; the law does not specify a set time for these breaks.
• The space provided by the employer cannot be a bathroom and must be sanitized, shielded from view, and free from intrusion by coworkers or the public.
• A cooled, refrigerated space for safely storing breast milk must be provided. The cooled space does not need to be separate from a shared refrigerator.
• Employers must allow employees to express milk as frequently as needed.
• If an employee is working while expressing breast milk, that time is compensable.
• Employees have the right to sue their employer if they violate the law. An employee must notify their employer of noncompliance and give them ten days to comply.

 
One exemption applies to businesses with fewer than 50 employees when providing the necessary break time and space would cause an undue hardship. An undue hardship means significant difficulty or expense for the business, but such cases are quite rare. Another exception is if an employer has no employees who are lactating or if an employee does not submit a request, then the employer is not required to provide break time and a private room.

Regarding pay and break time, employees can use their paid breaks as their pump time, but any additional time for pumping while working must be compensated unless the employee is not working during the additional breaks. There is no limit on the number of breaks a nursing mother can take or a set time for breaks, but an employer has the right to deduct break time from hours worked.

The private space for nursing employees does not need to be permanent and can be portable and functional; however, the space must be available whenever the nursing employee needs to express milk. Signage indicating that the room is in use and is a private area should be displayed if the room does not have a lock. Privacy screens can be used if multiple employees are pumping at the same time. A bathroom cannot be considered a private space, and no exceptions exist for this rule.

The PWFA

The PWFA went into effect in June 2024, and it requires that employers provide reasonable accommodation for pregnant and breastfeeding employees if accommodation is requested. Employers with 15 or more employees in 20 consecutive calendar weeks must comply with PWFA, unless arranging reasonable accommodation for an employee imposes an undue hardship.

PWFA protects employees who need reasonable accommodations due to pregnancy, childbirth, or other related medical conditions. Additionally, the medical condition does not have to be substantially limiting to be covered under PWFA, but it must be temporary and the employee must be able to perform the essential functions of the job. Conditions ranging from typical pregnancy symptoms—such as morning sickness, fatigue, and swollen feet—to postpartum recovery and medical issues that occur during or after pregnancy are covered under PWFA.

Employers should not assume that an employee needs an accommodation—an employee must communicate their known limitations to their employer. To determine whether a reasonable accommodation is necessary and what type of adjustments should be made, both the employer and employee should discuss available options, and the employee should consult with their medical provider.

Reasonable accommodations encompass changes in the work environment or the way things are usually done throughout the workday. A reasonable accommodation may include:

• Longer breaks to eat, drink, use the restroom, etc.;
• Allowing water and/or drinks at their desk or workstation;
• Providing a stool or somewhere to rest their feet;
• Changes to the uniform or dress code policy;
• Changes to an employee’s work schedule, including shorter or different hours, telework, or temporary reassignment; and
• Providing leave for doctor’s appointments, after childbirth, or for medical conditions that arise after childbirth.

 
Employers should respond promptly to an employee’s request for reasonable accommodation. Failing to respond in a timely manner or to provide necessary accommodations could lead to a federal investigation, legal action, or fines.

The PWFA prohibits employers from taking the following actions:

• Suggesting one accommodation and providing another that is not reasonably accommodating;
• Denying employment due to a request for an accommodation if the employee can perform the essential functions of the job;
• Requiring an employee to take leave if a reasonable accommodation would have allowed them to keep working;
• Retaliating against an employee because they requested a reasonable accommodation; and
• Forcing an employee to forgo or modify an accommodation that a doctor recommended.

 
Employees may have additional rights to receive break time, space, and reasonable accommodations at work for lactation, pregnancy, or related conditions under other federal and state laws. Business owners should review EEOC’s guide for the Pregnant Workers Fairness Act, and check with their state labor department regarding other legal requirements.

For further questions, you can contact the U.S. Department of Labor’s Wage and Hour Division at (866) 487-9243, or email the Legal Center at info@nfib.org.