By: Rachael Jeanfreau and Kenneth J. Nilsson
Since its passage, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act has expanded workplace protections for nursing mothers; however, many employers still struggle with compliance. Under the Federal Wage and Hour law, the PUMP Act protects a covered mother’s right to take “a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” Importantly, employers must also provide a place specifically other than a bathroom that is shielded from view and free from intrusion from coworkers and the public. According to some estimates, less than half of employers comply with the PUMP Act, running the risk of claims, charges and/or lawsuits against the employer.
Recently, the U.S. Department of Labor, the Federal government agency that enforces the Wage and Hour law, found that Hillcrest Medical Center in Oklahoma violated the PUMP Act. The Department found that the hospital illegally restricted nursing employees by setting pumping schedules for specific times and only allowing breaks when staffing was available to cover for the nursing employee. This policy directly clashed with the PUMP Act’s express mandate that employers must provide breaks “each time such employee has need to express the milk.”
Additionally, some employers improperly designate unsanitary, non-private, unsafe, or inconvenient locations for nursing employees, such as improperly requiring employees to pump in a bathroom, which the law prohibits. Such violations of the PUMP Act, and can lead to significant exposure for employers. To avoid legal liability, employers should work with their labor and employment counsel to ensure they provide both a compliant space and the flexibility for nursing mothers to take breaks as reasonably needed.
bswlaborandemploymentlaw.com 