Do PUMP at work requirements apply to small businesses?Īll employers covered by the FLSA, regardless of the size of their business, are required to comply with this provision. The FLSA requirements under the PUMP Act do not preempt state laws that provide greater protections to employees (for example, compensated break time, or break time to express milk beyond one year after the child’s birth). Are these state laws preempted by the new federal break time requirements? states, Puerto Rico, and the District of Columbia have laws related to breastfeeding and expressing milk in the workplace. See Wage and Hour Division Fact Sheet 73 for more general information on the pump at work provisions. In some narrow cases, certain small business and transportation employers may not be required to provide space or time for employees to pump at work. What types of employers are covered by the law?Īll employers covered by the FLSA must comply with the PUMP at work provision of the FLSA and nearly all FLSA-covered employees have the right to take needed time and to access an appropriate private space to express breast milk for a nursing child for up to one year after the child’s birth. The space provided by the employer cannot be a bathroom and it must be shielded from view and free from intrusion by coworkers or the public. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. Questions & Answers What must an employer provide to workers who need to express breast milk in the workplace?Įmployers are required to provide a reasonable amount of break time and a space to express milk as frequently as needed by the nursing employee, for up to one year following the birth of the employee’s child. WHD Fact Sheet #73 and the Frequently Asked Questions below provide basic information about the law. This right is available for up to one year after the child’s birth. Under the PUMP Act, most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view and free from intrusion to express breast milk while at work. The law includes the PUMP for Nursing Mothers Act (“PUMP Act”), which extends to more nursing employees the rights to receive break time to pump and a private place to pump at work and may impact some of the other information provided below. On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, into law.
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