Two new laws have gone into effect in 2023 that require many employers to change their approaches to pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) went into effect in June and requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
The Providing Urgent Protections for Nursing Mothers Act (PUMP Act) went into effect in April and states that most employees have the right to take reasonable break time to express breast milk for their nursing child. Covered employees must be provided with “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” A bathroom, even if private, is not a permissible location for the employer to provide for pumping breast milk.
Listen in and find out how your business can avoid issues with pregnant and nursing employees.
You can listen here.
Documents referenced in this episode:
What You Should Know About the Pregnant Workers Fairness Act
Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
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Mark Chumley has experience representing clients in all aspects of labor and employment law. He has handled numerous cases before state and federal courts and state and federal civil rights agencies, including claims involving ...
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