In 2022, Congress passed the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. This law expands protections for lactating employees who need to take breaks during the workday to pump milk. It also allows lactating employees to sue non-compliant employers for monetary damages.
As an HR professional, you should ensure your lactation and break policies comply with these recent laws. This can help you avoid lawsuits and compliance penalties and ensure your employees have what they need to thrive personally and professionally.
The Importance of Lactation Policies in the Workplace
Having a lactation policy that allows lactating employees to take breaks to pump breast milk can have a number of business benefits. This includes lower absenteeism and higher retention rates. It can also inspire loyalty and productivity among employees. Finally, it can sometimes lower healthcare costs, as breastfeeding contributes to infant health.
An Overview of Legal Protection Afforded to Lactating Employees
Although the Fair Labor Standards Act is generally known to deal with wage and overtime rules, it does afford lactating employees a great deal of protection. Under the FLSA, most employers must provide their employees with sufficient break time to pump breast milk each time they need for up to one year after the child’s birth.
Additionally, workplaces covered by the law are required to provide a place for lactating employees to pump breastmilk that is shielded from the view of and possible intrusion by co-workers and the general public.
While the space does not have to be a dedicated lactation room, it cannot be a bathroom, and it must be available for temporary use without intrusion during the time the employee is pumping.
Covered employers do not have to compensate lactating employees for lactation breaks. However, employers choosing not to compensate employees must ensure they are completely relieved of their duties. Otherwise, the break must be paid. If you choose to compensate an employee, you must do so in the same fashion you would compensate any other employee for breaks.
Additionally, all FLSA retaliation rules apply. This means that it is illegal to take adverse action against a lactating employee for filing a complaint against the business or participating in a legal case or investigation for not making correct provisions for pumping milk.
State Laws Pertaining to Lactating Employees
The U.S. Department of Labor’s Wage and Hour Division has stated that the FLSA rules do not preempt state laws offering greater protections to lactating employees. At this time, the majority of states have at least one law on the books pertaining to this issue.
As of July 2024, New York has become the fourth state in the U.S. to require that lactation breaks be compensated, joining Georgia, Illinois, and Minnesota. However, some states (like Georgia) don’t cover remote employees. If state laws don’t at least match FLSA protections, then federal protections would supersede those laws.
Additional Laws Protecting Lactation Breaks
The PUMP for Nursing Mothers Act and FLSA are not the only federal laws or acts that provide protections for lactating employees. Some other laws that cover this issue include:
- The Pregnant Workers Fairness Act: Employers must make reasonable accommodations for pregnancy-related conditions (like lactation)
- Pregnancy Discrimination Act: Employers must not discriminate against and must address the needs of employees with pregnancy-related conditions
- Title IX of the Education Amendments Act of 1972: Schools receiving federal funding must provide breaks and private spaces for lactating adults and students
Note that many of these laws reinforce what is already required under the Fair Labor Standards Act.
Who Is Covered Under the Law?
While recent Title IX protections only cover educational institutions receiving federal funding, the Pregnant Workers Fairness Act and the Pregnancy Discrimination Act cover all employers with 15 or more employees.
Under the FLSA, remote, part-time, and exempt employees are covered on the same basis as other employees and must be afforded break and space protections for lactation purposes.
Special Cases Regarding Legal Coverage
Small businesses with fewer than 50 employees can be exempt from lactation break and space requirements if providing them would create undue hardship for the business. Employers would have to prove that providing such breaks or space would pose serious financial harm or cause significant operating issues.
Additionally, certain employees working for airlines, railroad companies, and motorcoach carriers may be exempt from these protections. However, if you’re an HR leader at this type of company, note that you must still adhere to state laws, some of which provide them with greater protection.
Implementing Lactation Policies in the Workplace
Remote employees can use any space they wish and must not be subject to observation by video system during their lactation break. Employers in non-traditional or fieldwork environments may wish to use mobile tents, portable buildings, indoor office space, or even a company vehicle with window coverings.
All employers, regardless of type, must provide a functional space for pumping purposes unless they are subject to the special cases mentioned above.
Create a Lactation Policy That Benefits Both Employees and the Organization
As an employer, you want to make sure your business can operate smoothly, but it’s also important to show your employees that you care about them. Having robust and compliant lactation policies can accomplish both of these goals at the same time.
By accommodating the needs of lactating employees, you can keep your business out of harm’s way and maintain a loyal workforce at the same time.Interested in learning more about lactation policies? Request a demo with VirgilHR to learn more about how we can support your compliance needs.
