On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. 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.

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

Pump at Work - Under the PUMP for Nursing Mothers Act, most employees are eligible for break time and space protections to express milk at work, including: Ag workers, nurses, teachers, managers, home care workers, truck and taxi drivers. #PUMPAct

Wage and Hour Division Fact Sheet #73 “FLSA Protections for Employees to Pump Breast Milk at Work” and the Frequently Asked Questions posted below provide basic information about the law.

 

General Guidance

 

Applicable Laws

  • Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act, P.L 117-328)

 

Additional Resources