Pumping Breast Milk at Work: Your PUMP Act Rights to Break Time and Private Space
Pumping breast milk at work: your PUMP Act rights
Returning to work after a baby shouldn’t mean choosing between your paycheck and feeding plans. Federal law gives most nursing employees time and space to pump.
- Most employees get reasonable break time to pump each time they need to, for up to one year after the child’s birth.
- The space must be shielded from view, free from intrusion, and not a bathroom.
- Breaks must be paid unless you’re completely relieved from duty; paid breaks used to pump must be paid like other breaks.
- Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.
Who’s covered
According to U.S. Department of Labor, Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work, the PUMP Act was signed December 29, 2022, and since then “nearly all FLSA-covered employees” have these rights, including employees who are exempt from overtime. Airline crewmembers are exempt, and certain rail and motorcoach employees may be.
Time and space
Covered employees may take reasonable break time “each time such employee has need to express the milk,” and “an employer may not deny a covered employee a needed break to pump.” The space must be “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.” Teleworkers must be free from observation by employer-required cameras or video calls.
Is the break paid?
Under the FLSA, you either “must be completely relieved from duty” or “must be paid for the break time.” If your employer gives paid breaks and you use them to pump, they must be paid the same way. If you work while pumping, like answering email, that time is paid.
Small employers
Employers with fewer than 50 employees aren’t subject to the requirements only if compliance “would impose an undue hardship,” judged by the difficulty or expense for that specific employer.
Retaliation and remedies
Retaliation for complaints is illegal. Since April 28, 2023, remedies for violations can include reinstatement, lost wages plus an equal amount in liquidated damages, compensatory damages and punitive damages where appropriate. You can file with the U.S. Department of Labor, Wage and Hour Division: How to File a Complaint or sue. Special procedures may apply before a private suit over a missing space.
Related: are breaks paid under federal law? and your right to discuss pay at work.
General information, not legal advice. State laws vary; check your state labor department or an employment attorney for your situation.
Header image: Photo: “Breast Pump (50265746936)” by ajay_suresh, CC BY 2.0 (cropped).