Know Your Rights

As a pregnant or postpartum employee, you have rights in the workplace to ensure your health, and that of your child. This includes your mental health!

We partnered with Attorney Summer Murshid from Hawks Quindel, S.C. to put together information and resources to support you and help you advocate for your rights.

Laws Protecting Pregnant and Postpartum People

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ABOUT THE PREGNANT WORKERS FAIRNESS ACT

ABOUT THE PUMP ACT

What does my employer have to provide under the PUMP Act?

Reasonable break time and a private, functional space (not a bathroom) for expressing milk for 1 year post-birth.
Who is covered under the PUMP Act?

Private, public, federal, state and local employees (FLSA covered) qualify, including many who are involved in interstate commerce.
What does a pumping space need to have?

• Not a bathroom • Shielded from view • Free from intrusion • Has seat, flat surface, outlet, and nearby sink
Should I be paid during my pump breaks?

If you are not fully relieved from duty, time must be paid. If using regular paid break time, it must be compensated equally.
Do all employers have to follow the PUMP Act?

Employers with fewer than 50 employees may claim undue hardship, but larger employers cannot. *The employer has to prove undue hardship- that the accommodation (in this case pumping space/breaks) would cause significant difficulty or expense)
How is the PUMP Act Enforced?

The Department of Labor is responsible for enforcing the PUMP Act. Private lawsuits are also an option with 10-day notice to the employer, unless you're fired for asserting your rights.
What if my employer retaliates against me?

It’s illegal to retaliate or discriminate against an employee for asserting their rights— verbal or written complaints are protected.

What does my employer have to provide under the PUMP Act?

Reasonable break time and a private, functional space (not a bathroom) for expressing milk for 1 year post-birth.
Who is covered under the PUMP Act?

Private, public, federal, state and local employees (FLSA covered) qualify, including many who are involved in interstate commerce.
What does a pumping space need to have?

• Not a bathroom • Shielded from view • Free from intrusion • Has seat, flat surface, outlet, and nearby sink
Should I be paid during my pump breaks?

If you are not fully relieved from duty, time must be paid. If using regular paid break time, it must be compensated equally.
Do all employers have to follow the PUMP Act?

Employers with fewer than 50 employees may claim undue hardship, but larger employers cannot. *The employer has to prove undue hardship- that the accommodation (in this case pumping space/breaks) would cause significant difficulty or expense)
How is the PUMP Act Enforced?

The Department of Labor is responsible for enforcing the PUMP Act. Private lawsuits are also an option with 10-day notice to the employer, unless you're fired for asserting your rights.
What if my employer retaliates against me?

It’s illegal to retaliate or discriminate against an employee for asserting their rights— verbal or written complaints are protected.

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