Good News for 2023
We can start with some good news this year. The PUMP Act (Providing Urgent Maternal Protections) passed the House and Senate as part of the Omnibus Spending bill and was signed into law on December 29, 2022 by President Biden. What an excellent start to 2023!
It’s noteworthy that this bill had bipartisan support. In the House of Representatives, the vote was 276-149. In the Senate, it passed with a 92-5 vote. We’re glad that the advocacy efforts were effective and that legislators worked together on behalf of employees and their families. We’re hopeful that more legislators understand the value of human milk and recognize the effort that employees make for their families.
Previously the Break Time for Nursing Mothers law of 2010 did not include employees who were salaried or were in non-hourly positions. Now, with the PUMP Act, teachers, nurses and many other employees are covered by this legislation.
The PUMP Act also clearly defines a ‘pumping break’. For example, if a teacher is grading papers while also pumping, she is working, not taking a break. That is the same situation with nurses who document patient care while pumping or software engineers reviewing code while pumping, as two other examples.
In addition, the law clearly states that employers provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” If an employee is not allowed break time and/or an adequate space for pumping, they now have a course for addressing violations of this right as part of the Fair Labor Standards Act.
Unfortunately, flight attendants and pilots are not protected by this legislation. This bill has had support from more than 230 other organizations. The advocacy efforts continue so that this change will include the airline industry.
Also included in the larger Omnibus Spending bill was the Pregnant Workers Fairness Act (PWFA). Employers are required to make accommodations for pregnant workers such as more frequent breaks, a stool or chair instead of standing for a whole shift and flexibility in schedules for doctor appointments or sickness. Previously this was in the area of the Americans with Disabilities Act (ADA) though pregnancy wasn’t really considered a disability. Now it’s clearer that pregnant workers, by law, deserve and are supported with these accommodations. This applies to employers who have 15 or more employees and is effective as of June 27, 2023.
For more guidance about the PWFA and PUMP Act, this National Law Review article has helpful guidelines for employers and clarifies the rights and responsibilities of employees.
Passage of the PWFA and PUMP Act are favorable for pregnancy and for breastfeeding while at work. Let’s keep the momentum moving forward. Let’s improve postpartum support, a critical time for all families.
Paid Family Leave would be more good news in 2023.
Photo Credit: Mizuno K