TL;DR
- The PUMP for Nursing Mothers Act gives most working moms the right to:
- Break time to pump
- A private, non-bathroom space
- It applies to almost all employees
- You’re protected for 1 year postpartum
- If you’re working while pumping, you must be paid
- You now have legal enforcement rights
- And finally...you shouldn’t have to choose between your job and feeding your baby.
I recently had the privilege of hosting a continuing education class through Nutrition First WA with some of the leading experts and providers to talk about steps that we can all take in their role to support parents. We covered so many incredible topics and heard from lactation consultants, nurses, peer counselors and more to learn about what actually works when it comes to supporting lactating parents!
So, let's get into it!
PUMP Act Basics
The PUMP for Nursing Mothers Act was signed into law in December 2022 and fully enforced starting in 2023.
Before it was enforced, nearly 9 million working women had zero federal protection to pump at work.
That includes:
- Teachers
- Nurses
- Agricultural workers
- Transportation workers
Now, most of those gaps are closed!
What the Law Requires
Your employer MUST provide:
1. Reasonable Break Time
- Typically every 2–4 hours
- Usually 20–30 minutes per session
- Your schedule can change as your baby grows
2. A Private Space (Not a Bathroom)
Must be:
- Shielded from view
- Free from intrusion
- Functional
3. Pay Protection (This Is Huge)
- If you are working while pumping, you must be paid
4. Legal Protection
You can now:
- File a complaint with the Department of Labor
- Take legal action if needed
Who Is Covered
Covered:
✔ Almost all employees (hourly + many salaried)
✔ Companies of all sizes
Limited Exceptions:
- Some airline crew
- Certain transportation roles
- Independent contractors
Even small businesses (<50 employees) are expected to comply unless they prove undue hardship (which is rare and hard to show).
“Reasonable” Is Vague
Reality is, the law uses words like:
- “Reasonable break time”
- “Private space”
Which, as a lawyer, I know leaves room for interpretation. This can lead to some moms pumping in storage closets, rooms with no outlets, offices with windows and no blinds/curtains...you get the gist!
As someone who has lived this, know these things:
1. Expect It to Be Hard (But Doable)
You will:
- Feel overwhelmed
- Feel alone
- Wonder if you can do both
You can.
2. You Already Have What You Need
You’ve:
- Grown a human
- Given birth
- Figured out feeding
All things that show your strength.
3. No One Will Advocate for You Like You Will
Your employer likely:
- Doesn’t fully understand the law
- Doesn’t know what you need
- Is trying to “figure it out” too
You might have to lead the conversation.
How to Talk to Your Employer
Here’s what actually works:
Before the conversation:
- Know your rights
- Know your rough pump schedule
- Know what space would work
During the conversation:
- Be direct (not apologetic)
- Show you care about your job and explain what you're excited about when returning
- Offer realistic solutions (do you know of a room that might work for your pump breaks? Do you know what times you can make it work?)
What Employers Need to Know
Supporting pumping employees is not just compliance and human decency...it’s smart business.
Companies with lactation support see:
- 94% retention rates
- Fewer sick days
- Higher productivity
- Better morale
What employers should provide:
- A private room
- A chair + table + outlet
- Reasonable break flexibility
- A culture that doesn’t shame moms
It doesn't need to be hard!
What If Your Employer Doesn’t Comply?
First, understand that they just might not know what you need. Try to communicate clearly, and if needed, have your provider, lactation consultant, peer counselor, or anyone who is in the lactation and healthcare space write up a note for you.
Example (be sure to ask your provider to add an intro to themselves in the beginning, so your employer knows that they are an authority on this topic):
"Breastfeeding is medically recommended by organizations such as the American Academy of Pediatrics and the World Health Organization due to its important health benefits for both parent and infant. To maintain milk supply and avoid medical complications, regular milk expression during the workday is necessary.
Under the Providing Urgent Maternal Protections for Nursing Mothers Act, most employees are entitled to reasonable break time and a private, non-bathroom space for pumping.
I recommend that YOUR NAME be provided with:
- Breaks as needed (typically every 2–4 hours)(ADD SPECIFICS IF YOU KNOW WHAT TIMES WORK FOR YOU)
- A private, hygienic space
- A safe way to store expressed milk
Thank you for supporting your employee’s health and well-being. I’m happy to provide additional guidance if needed."
If they still don't comply, file a complain through the U.S. Department of Labor Wage & Hour Division
You may be entitled to:
- Lost wages
- Legal fees
- Damages
BUT, keep in mind that litigation is tough. Even when you’re right, it can be emotionally and professionally taxing.
The Big Picture
Over half of moms return to work. 80% start breastfeeding. 39% stop within the first month due to many factors, but mostly because of a lack of proper storage, time, and employer support.
Be prepared to ask for what you need to meet your goals. Know that you are not asking for too much.