Question 1

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

Accepted Answer

Reasonable break time and a private, functional space (not a bathroom) for expressing milk for 1 year post-birth.

Question 2

Who is covered under the PUMP Act?

Accepted Answer

Private, public, federal, state and local employees (FLSA covered) qualify, including many who are involved in interstate commerce.

Question 3

What does a pumping space need to have?

Accepted Answer

• Not a bathroom 
• Shielded from view 
• Free from intrusion 
• Has seat, flat surface, outlet, and nearby sink

Question 4

Should I be paid during my pump breaks?

Accepted Answer

If you are not fully relieved from duty, time must be paid. If using regular paid break time, it must be compensated equally.

Question 5

Do all employers have to follow the PUMP Act?

Accepted Answer

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)

Question 6

How is the PUMP Act Enforced?

Accepted Answer

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.

Question 7

What if my employer retaliates against me?

Accepted Answer

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

Know Your Rights

Laws Protecting Pregnant and Postpartum People

ABOUT THE PREGNANT WORKERS FAIRNESS ACT

What type of employers have to follow the PWFA?

What are some examples of reasonable accommodations?

Do I have to talk to my employer to receive accommodations under PWFA?

Who is considered a qualified employee?

What actions are illegal for an employer to take under PWFA?

How is the PWFA reinforced?

What is 'undue hardship' to an employer?

What does “known limitation” mean?

ABOUT THE PUMP ACT