The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers and the Pregnant Workers Fairness Act (PWFA) were passed in the 2022 Omnibus bill and went into effect in 2023. Both laws grant federal workplace protections to expecting or recent mothers in the workplace.
The PUMP Act, enforced by the Equal Employment Opportunity Commission (EEOC), applies to all employers, with an exemption only for small employers (fewer than 50 employees) who may experience “undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business.”
PUMP Act requirements:
- “Reasonable break time” for an employee for one year after birth to express milk for the employee’s nursing child.
- A room “other than a bathroom, that is shielded from view and free from intrusion from coworkers.”
PWFA Act Requirements:
- Reasonable accommodation for a qualified employee or applicant with a "known limitation."
- Granting pregnant workers the right at the federal level to have access to reasonable accommodations to address “known limitations related to the pregnancy, childbirth, or related medical conditions.”
- Accommodate a pregnant worker’s inability to perform an essential function of the position (with or without the reasonable accommodation) if the employer can reasonably accommodate that inability; the inability is “temporary;” and the essential function could be performed “in the near future.”
For more information visit:
FLSA Protections to Pump at Work
What You Should Know About the Pregnant Workers Fairness Act (PWFA)