PUMP Act Provides Critical Protections for Nursing Mothers in the Workplace

Employers must now provide breaks and private space for women to pump breast milk

A mother reacts as she nurses her child to mark World Breastfeeding Week to promote global support for breastfeeding in Ciudad Juarez, Mexico, on Aug. 4, 2018. Jose Luis Gonzalez/Reuters

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which took full effect on April 28, ensures accommodations for breastfeeding mothers in the workplace.

Under the PUMP Act (pdf), employers must provide a private space—not a bathroom—and allow adequate time for nursing mothers to pump breast milk during work hours. The bill was signed into law in late December but allowed a 120-day delay for businesses to adjust.

The legislation, part of the $1.7 trillion federal spending package, closes some of the loopholes in the Break Time for Nursing Mothers Act, which was included in the Affordable Care Act in 2010.

Key Provisions

The law expands coverage to millions more women of childbearing age, including nurses, teachers, and others not previously covered by the 2010 law, according to the U.S. Breastfeeding Committee.

Mothers will be allowed to take nursing breaks for a full year after the birth of their child.

The private space cannot be a restroom and must be free of intrusions.

If an employer provides paid breaks, it must allow the nursing mother to utilize that time for some or all of her pumping breaks.

It also makes it possible for employees to sue their company if they are not given an adequate amount of time and a private area to pump breast milk. Previously, there was no financial remedy in court for employees who weren’t provided break time or space for pumping.

Who Is Not Covered?

The law does not go into effect for railway and motorcoach workers until Dec. 29, 2025.

Companies with fewer than 50 employees must comply but may be excused if compliance would cause significant difficulty or expense to the business.

Contractors and gig workers are not covered.

Airline crew members such as pilots and flight attendants are also not covered by the law due to safety concerns.

However, some airlines, such as Frontier, have enacted policies allowing crew members to pump during flights.

In 2019, a group of Frontier flight attendants sued the airline for discrimination against pregnant and lactating crew members, the Association of Flight Attendants–CWA reported.

The years-long case was settled in April 2022, with flight attendants winning the right to use wearable lactation devices while working.

“I gave up breastfeeding to provide for my family, and no one should have to make that choice again,” plaintiff Melissa Hodgkins said in a union statement following the settlement.

How Long Should Women Breastfeed?

The U.S. Centers for Disease Control and Prevention (CDC) recommends infants be exclusively breastfed for the first six months of life with continued breastfeeding through the first year or longer.

In the United States, about 83 percent of mothers initiate breastfeeding, according to the CDC. The report shows that 45 percent of mothers exclusively breastfeed their babies for three months, and the rate drops to about 25 percent by six months.

Among the contributing factors for reduced breastfeeding rates are “unsupportive work policies and lack of parental leave,” the report states. Businesses are required to allow 12 weeks of unpaid leave for parents through the Family Leave Act of 2010.

Other factors include issues with lactating, as well as concerns about the baby’s nutrition and weight, among others.