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.

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.

 

What You Should Know

Under the Fair Labor Standards Act (FLSA):

  • Most nursing workers are entitled to reasonable break time and a private space to pump at work for up to one year after their child’s birth.
  • Most employers are required to provide covered employees with space that is functional for pumping milk, shielded from view, free from intrusion, available as needed and not a bathroom.

 

New Law Expanding Pumping at Work Protections

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

 

These materials can be printed and used in workplaces to ensure that workers understand their rights and employers understand their responsibilities under the law.

The Pump at Work webinars are designed to equip workers, employers, and other stakeholders with resources and information about the PUMP Act, including specific considerations by industry. Spanish language webinars are included here; for other languages, please visit our FAQs above.

General Industry
Agriculture Industry
Care worker Industry
Retail and Restaurant Industry
Transportation Industry
Education Industry