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.
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.
- WHD Fact Sheet #73, FLSA Protections for Employees to Pump at Work
- FLSA Protections to Pump at Work Frequently Asked Questions (FAQs)
- How to File a Complaint
- Pump at Work Protections under the Fair Labor Standards Act - Presentation
The PUMP for Nursing Mothers Act: What Advocates and Employers Need to Know
- Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act, P.L 117-328)
- What to Expect from Your Employer When You’re Expecting
- Employment Protections for Workers Who are Pregnant or Nursing
- OPM Guidance on Nursing Mothers in the Federal Workforce
- Guide for Establishing a Federal Nursing Mother’s Program
- Supporting Nursing Moms at Work: Employer Solutions
- CDC Healthier Worksite Initiative, Workplace Lactation Support Program Toolkit
- EEOC Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities
- National Conference of State Legislatures Compilation of State Breastfeeding Laws
- Surgeon General’s Call to Action to Support Breastfeeding