What the PUMP Act Requires

The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) became fully enforceable on April 28, 2023. It amends the Fair Labor Standards Act (FLSA) and requires employers to:

Provide reasonable break time for an employee to express breast milk each time the employee needs to, for up to one year after the child's birth.
Provide a private space that is not a bathroom, shielded from view, and free from intrusion by coworkers and the public.
Ensure the space is functional — meaning it has a flat surface for a breast pump, an electrical outlet, and reasonable access to running water and a place to store milk (such as a refrigerator or personal cooler).

Who Is Covered

The PUMP Act significantly expanded who is protected:

Salaried and exempt employees are now covered. The previous law (the FLSA Break Time provision from 2010) only applied to non-exempt (hourly) workers.
Nearly all industries are covered, including teachers, nurses, farmworkers, and office workers.
Small employer exception: Employers with fewer than 50 employees may be exempt if compliance would impose an "undue hardship" — but this is a high bar and must be documented.
Certain transportation workers (airline crews, rail, and motorcoach employees) have modified requirements with specific timelines for compliance.

Are Break Times Paid?

The PUMP Act does not require pumping breaks to be paid. However:

If your employer provides paid breaks and you use that time to pump, it must still be paid.
If you are not "completely relieved of duties" while pumping (for example, you are answering emails or monitoring a system), the time must be compensated.
Some state laws are more generous and do require paid pumping breaks. Check your state's requirements.

How to Talk to Your Employer

Before your return from leave:

Notify your employer in writing that you will need break time and a private space to pump when you return.
Reference the PUMP Act by name and note that it applies to all FLSA-covered employees.
Suggest a specific location if you know of a suitable space (an unused office, conference room with a lock, or wellness room).
Propose a schedule so your manager can plan coverage if needed — most nursing parents need 2 to 3 breaks of 15 to 20 minutes during an 8-hour shift.
Keep it professional and collaborative. Most employers are happy to accommodate once they understand the requirements.

What to Do If Your Rights Are Violated

If your employer refuses to provide break time or a compliant space:

Document everything — keep copies of your written requests and any responses.
Put your concerns in writing to HR or management, citing the PUMP Act specifically.
Contact the Department of Labor — you can file a complaint with the Wage and Hour Division at dol.gov/agencies/whd or call 1-866-487-9243.
You may also have a private right of action. Under the PUMP Act, employees can file a lawsuit if an employer does not comply — but you must first notify your employer and give them 10 days to come into compliance before suing (unless you were fired for exercising your rights, in which case you can sue immediately).

Many states also have their own lactation accommodation laws that may provide additional protections. Check with your state's labor department for details.

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