Employers are required to provide an area other than a bathroom where employees can pump in privacy and safety. Nursing staff may use an empty office or storage space with a door that closes and covered windows that has been designated by the employer. As an alternative, employers are permitted to install privacy screens or partitions as long as the person using the room is hidden from view and uninvaded by coworkers and members of the public. According to the advice, the employer can guarantee privacy by installing a door lock or putting up signs that say when the place is being used.
The PUMP Act, which was effective December 29, 2022 with the exception of amendments to available remedies, amended the duties of employers outlined in the Fair Labor Standards Act (FLSA) to require them to allow reasonable break times for employees in order to express breast milk for their nursing child for one year following the child's birth. The changes to remedies became effective as of April 28, 2023.
Employers are prohibited from making nursing staff make up time lost during pump breaks since doing so could be interpreted as a negative action taken in retaliation for exercising their right to breastfeed.
If the employee is not entirely removed from work throughout the whole break, time spent pumping milk is regarded as hours worked. A nonexempt worker must be paid for the whole break if they continue working or are interrupted during it. No of how many times they take pump breaks, exempt workers are paid in full each week.
According to the guidance, remote employees are entitled to breastfeeding breaks in the same way as onsite employees. Remote workers have the same right to privacy during a pump break as those at the plant. This means that when they are pumping, they must not be subject to any employer-provided or mandated video system, such as a computer camera, security camera, or Web conferencing platform.