Celebrating wins for working moms

The Basic Info: 

2 Acts were recently signed into law: 

1. Pregnant Workers Fairness Act: In alignment with the ADA, employers are required to provide reasonable accommodations for pregnancy & childbirth related medical conditions. The PWFA goes into effect June 27, 2023.
2. Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act: Expanding coverage of the 2010 Break Time for Nursing Mothers Law, the PUMP Act adds protections for nearly 9 Million employees, including salaried professional, seasonal, and agriculture workers. It’s effective as of December 29, 2022 and enforceable as of April 28, 2023. 

Why should we all care? Forbes reports: 

• Complications involved with pumping at work may contribute to women’s decision to stop breastfeeding, despite medical recommendations and clear benefits for mom and baby.  
• 1 out of 2 moms are concerned that breastfeeding at work could impact their career growth; half of these consider a job change as a result. And 1 in 3 reported having a negative interaction with a co-worker because of breastfeeding/pumping.

What working moms should know

• As a pregnant worker, you have the right to accommodations such as extra bathroom breaks, ability to sit, and restrictions on weight lifted at work.
• As a milk maker at work, you have the right to break time and space to pump. Pumping time counts as “time worked” when calculating minimum wage and overtime if you are not completely relieved from work duties during the pumping break. You are allowed to sue for monetary remedies if your employer fails to comply. And, these protections apply regardless of WHY you are expressing milk - whether you are supplying breast milk to an infant, pumping following a stillbirth or surrogacy, for example.

What anyone working with a working mom should know 

1. Any existing reasonable-accommodation policies apply to pregnant employees (and those who have pregnancy-related conditions or have recently given birth). Here are some examples of “reasonable accommodations”. 
2. Employers need to provide Time + Space for milk makers at work.* 

• Time = “reasonable break time”. How much time is needed varies by person and is likely to change over time. For example, a mom exclusively breastfeeding a 4-month-old may need to pump for 30 minutes x 3-4 times during a workday, while a mom supplementing their baby’s diet with breastmilk may only need to pump once for 20 minutes.   
• Space = a private, non-bathroom space to pump milk during the workday. This doesn’t have to be a big space but should be clean (think of pumping milk as FOOD PREP) and free of interruptions (no one enjoys the “sorry I just walked in on you” interaction - that is similar to a bathroom oops). 

*Check your state laws; some have requirements beyond what the PUMP act specifies.  

 Resources for More Info:

• Direct source text for the PWFA and PUMP Act 
• From Forbes - Senate passes 2 bills
• More explanation of the Pregnant Workers Fairness Act
• More explanation of the Pump Act 
• Supporting Nursing Moms at Work (searchable resource featuring examples of time and space solutions from businesses across the country)