Question: How frequently can a nursing mother take breaks under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act? For example, although the law requires “reasonable break time,” what if an employee needs to pump every 30 minutes or every hour?
Answer: It depends. The PUMP Act requires employers to provide covered employees “reasonable break time . . . each time such employee has need to express milk” for up to one year after the employee gives birth. Employees cannot be required to stick to a fixed pumping schedule. They must be given as much time as needed on a schedule that meets their physical needs.
When determining a reasonable break time, an employee may provide a doctor’s note that discusses their needs. However, you may not require employees to provide such a note to take pump breaks. What is considered “reasonable time” for a break depends on the needs of an employee and her baby. Department of Labor (DOL) guidance provides that factors to consider when making this determination include the baby’s age, the baby’s normal feeding schedule, and whether the baby eats solid food. These factors are important because during the first few months of a baby’s life, a mother usually nurses every two to three hours. The DOL, therefore, expects nursing mothers to need at least two to three breaks to pump during an eight-hour shift. These breaks, however, may not track with regular breaks and lunch periods. You are not required to pay employees for pump breaks unless an employee is not completely relieved from duty or you already provide paid breaks. If you already provide paid breaks, employees taking pump breaks must be compensated as other employees are compensated for break time.
DOL guidance also provides that factors related to the workplace and a breast pump itself can influence what is reasonable time for a break. These factors include the time needed to walk to and from a dedicated lactation space, the wait time to use the space, and the time an employee needs to retrieve her pump and other supplies from another location. Other considerations include whether the employee must unpack and set up her own pump or has a pump provided for her, the pump’s efficiency, and whether additional steps are needed to maintain the pump’s cleanliness.
One employee’s pump break needs will likely differ from another employee’s needs. It is, therefore, a good practice to discuss their needs and your expectations for their pump breaks with nursing employees. Having an open discussion and an informed plan of action will set all parties up for success.
Margaret Lohmann is an attorney with Steptoe & Johnson PLLC in Bridgeport, West Virginia, and can be reached at maggie.lohmann@steptoe-johnson.com.