The U.S. Senate passed two acts that help working moms who are pregnant or breastfeeding. The Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (known as the PUMP Act) were added to the 2023 omnibus spending bill, which now passed the Senate and is headed for a House vote.
The PUMP Act
The PUMP Act for nursing mothers requires organizations to provide time and space for breastfeeding parents. The Affordable Care Act of 2010 already requires that employers provide reasonable time to express breast milk and provide a place for pumping, other than the bathroom, that is shielded from view and private.
Pregnant Workers Fairness Act
The second bill which helps mothers is the Pregnant Workers Fairness Act which requires employers to provide reasonable accommodations for medical conditions related to pregnancy and childbirth. The law states that employers can’t deny employment opportunities based on these pregnancy accommodations, and they can’t “require employees to take paid or unpaid leave if another reasonable accommodation can be provided. ”The law will go into effect on June 27, 2023, and applies to private employers with 15 or more employees. 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 an employee has the 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.
Employers should review their handbooks and other policies to ensure that they are updated to comply with these changes. In addition, employers should educate their supervisors and managers about the changes in the law to help avoid inadvertent missteps in the future.
Employers should review their handbooks and other policies to ensure that they are updated to comply with these changes. In addition, employers should educate their supervisors and managers about the changes in the law to help avoid inadvertent missteps in the future.
Margie Faulk
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, …
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