The PUMP for Nursing Mothers Act was passed in December 2022; it becomes effective April 28, 2023. Under the PUMP Act, employers must provide all nursing mothers 1) a reasonable break time to express breast milk; and 2) a private location, other than a restroom, that is shielded from view and free from intrusion. Nursing mothers are covered by the PUMP Act for up to one year after childbirth. Employers with fewer than 50 employees are excused from coverage only if compliance would impose an undue hardship on the employer’s business.
The PUMP Act also contains a mandatory reporting provision that requires an employee to notify her employer if she believes the employer is non-compliant with the PUMP Act. The employer then has 10 days from the date of notification to remedy the situation. An employer waives the 10-day notification period if the employee is terminated for making the request or opposing the employer’s refusal to gain compliance.