Q&A: Husch Blackwell HR Question of the Month
This is the first in a 2024 series of monthly HR questions and answers, prepared by Melissa Caulum Williams, Senior Counsel at the Husch Blackwell law firm.
If you have questions about this topic, or any matters related to employment law, The League’s free HR Legal Line can help. The League arranges to have Husch Blackwell attorneys provide up to an hour to address a credit union’s employment questions. You can find more information about the service via this Compliance Courier.
What does the federal PUMP Act require?
As The League explained in this June 2023 Compliance Courier, the federal PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) amended the Fair Labor Standards Act (FLSA) and expanded existing federal law requiring employers covered under the FLSA to provide accommodations for breastfeeding workers to express milk. Under the PUMP Act, many workers not previously entitled to lactation accommodations under federal law (such as salaried employees) are now covered.
What do I need to do under the PUMP Act?
The PUMP Act requires employers to provide all non-exempt nursing mothers a private space for the mother to express milk. This private space must be a private area, shielded from view and free from intrusion but may not be a bathroom.
Can I require nursing mothers to use their regular break time to express milk?
No, you must provide non-exempt nursing mothers additional reasonable break time to express milk. If the employee is relieved from all duties during this additional break time, such break time may be unpaid. However, if the employee normally receives paid breaks and the employee uses those breaks to express milk, that time must be paid.
What about my traveling employees?
You are still required to provide non-exempt nursing mothers with additional breaks and a private space to express milk when they travel for work. You should proactively reach out to the locations where your traveling non-exempt nursing mothers will be located to ensure there is a space available.
How long are nursing mothers considered to be “nursing” after childbirth?
Under the PUMP Act, nursing mothers are entitled to the above protections for up to one year after childbirth.