by The federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has been law for over a year. Most employers have adjusted to the changes to the federal protections given to mothers to express breast milk while at work. Some employers, however, still need to comply with the greater protections offered under state laws. Minnesota, for example, was among the states that expanded their existing protections in 2023.
Summary of Federal Law
Most nonexempt employees have the right to take time to access an appropriate space to express breast milk for a nursing child for up to one year after the child’s birth under the Fair Labor Standards Act (FLSA). Features of the federal law include:
- With a few industry exemptions, employers with 50 or more employees are required to provide nursing mothers with break time and appropriate space to express breast milk. Employers with less than 50 employees are not subject to break time and space requirements if the requirements create an undue hardship for the employer.
- Employees may use their regularly offered paid break times and take additional unpaid breaks for this purpose.
- A covered employer may not deny an eligible employee a needed break to pump.
- Covered employees must be provided with a place to pump that is shielded from view and free from intrusion by coworkers or the public. Restrooms are not considered compliant locations.
- Employers are not required to pay the employee for the break time if the employee is completely relieved of all duty during the break.
For more details on PUMP Act requirements, see the U.S. Department of Labor’s Frequently Asked Questions: https://www.dol.gov/agencies/whd/nursing-mothers/faq.
How State Laws May Differ
Under federal law, employers must follow state law regarding expressing breast milk at work if the state law has greater protections than the PUMP Act. Many state laws provide greater employee protections but the differences between federal and local laws vary from state to state. Examples of differences between the PUMP Act and state law include:
- State laws may apply to employers with fewer than 50 employees. California protections apply to employers with five or more employees. Colorado and Minnesota law protecting the right to express breast milk applies to all employers regardless of the number of employees.
- Laws differ on how many months or years after the child’s birth the mother has the right to pump at work. Oregon protects up to 18 months after birth. New York and Vermont preserve the right for up to three years. California and Minnesota laws provide protection for as long as the mother is breastfeeding.
- Employers may not claim an undue hardship exemption from state law compliance. Minnesota removed reference to undue hardship in its statute in July 2023.
- Compensation may be required for lactation breaks. Minnesota law does not allow an employer to reduce compensation for breaks to express breast milk. (Minnesota made several changes to its protections for nursing mothers and parents in recent years. See the state’s information page at https://www.dli.mn.gov/newparents for more information.)
Employers should review the state law requirements for all states where they have employees. The University of California Hastings College of Law offers a valuable resource for employers with its 50 State Survey of Workplace Lactation Laws, citing and summarizing each state’s requirements: https://www.pregnantatwork.org/wp-content/uploads/State-Workplace-Breastfeeding-Laws-Printable.pdf.
