The PUMP for Nursing Mothers Act expanded federal lactation accommodation requirements significantly when it took effect in 2023. For the first time the law extended break time and space requirements for nursing employees to virtually all employers regardless of size — including small businesses that were previously exempt from the original nursing mother provisions of the Fair Labor Standards Act.
If you have even one nursing employee you have federal obligations under the PUMP Act. Here is what the law requires and exactly how to comply.
What the PUMP Act Requires
The PUMP Act requires employers to provide two things to employees who need to express breast milk:
Reasonable break time. Employees must be provided reasonable break time to express breast milk each time they need to do so. The law does not specify a fixed break duration or frequency — the standard is what is reasonable given the employee’s needs. Most lactation consultants recommend breaks of fifteen to thirty minutes every two to three hours for most nursing mothers, though individual needs vary.
A private space. Employers must provide a space that is shielded from view and free from intrusion by coworkers and the public where the employee can express milk in private. The space must be functional as a lactation space — it must have a place to sit and a surface to place a breast pump.
The law requires these accommodations for up to one year after the child’s birth.
The Bathroom Is Not a Compliant Space
This is the most important and most frequently violated aspect of lactation accommodation law. A bathroom — even a single-occupancy private bathroom — does not satisfy the requirement for a private lactation space.
The law explicitly states that the space provided must not be a bathroom. Requiring an employee to express milk in a bathroom is a violation of the PUMP Act regardless of the bathroom’s size or privacy level.
If your workplace does not have a dedicated lactation room you must identify and designate an alternative space. Options that small businesses have used successfully include a private office, a conference room that can be reserved and locked, a storage room that can be cleared and made functional, or a temporary partition that creates a private area.
Are Small Businesses Exempt?
The original nursing mother provisions of the FLSA included an exemption for employers with fewer than fifty employees if compliance would impose an undue hardship. The PUMP Act modified this exemption significantly.
Under the PUMP Act employers with fewer than fifty employees may claim an undue hardship exemption but the burden is on the employer to demonstrate that compliance would cause significant difficulty or expense relative to the size, financial resources, nature, and structure of the employer’s business.
This exemption is narrow and fact-specific. Simply having fewer than fifty employees does not automatically exempt you — you must be able to demonstrate that providing reasonable break time and a private space would cause genuine undue hardship given your specific circumstances. Most small businesses cannot meet this standard.
The practical guidance is to assume the PUMP Act applies to your business and make a good faith effort to comply. If you believe an undue hardship exemption might apply consult an employment attorney before relying on it.
Pay Requirements for Lactation Breaks
Whether lactation breaks must be paid depends on your existing break policies and the nature of the employee’s role.
Non-exempt employees. If a non-exempt employee is not completely relieved of duties during a lactation break the break must be paid. If the employee is completely relieved of duties and your company does not otherwise provide paid breaks the lactation break may be unpaid.
However — if your company provides paid rest breaks to other employees and those rest breaks can be used for lactation expression the nursing employee must be allowed to use those paid breaks for lactation. Any additional break time needed beyond the paid breaks may be unpaid.
Exempt employees. The PUMP Act’s break time requirements do not technically apply to employees who are exempt from the FLSA’s overtime provisions. However exempt employees may have lactation accommodation rights under other federal or state laws and retaliation against an exempt employee for requesting lactation accommodations is prohibited.
State Lactation Accommodation Laws
Many states have enacted lactation accommodation laws that exceed federal requirements. These may include:
- Longer accommodation periods beyond one year after birth
- Requirements to provide specific amenities in the lactation space such as a refrigerator for milk storage, an electrical outlet, and a sink nearby
- Paid lactation breaks regardless of whether other breaks are paid
- Written lactation accommodation policies
- Posting requirements
States with particularly robust lactation accommodation laws include California, New York, Illinois, Texas, and Washington. Review your state’s specific requirements in addition to federal law.
Creating a Lactation Accommodation Policy
Your employee handbook should include a written lactation accommodation policy that covers:
- The employee’s right to request lactation accommodations
- The process for making a request
- What the company will provide in terms of break time and space
- How scheduling of lactation breaks will be coordinated with supervisors
- The company’s commitment to privacy and confidentiality
- The prohibition on retaliation for requesting or using lactation accommodations
Having a written policy in place before an employee makes a request demonstrates good faith compliance and reduces the risk of disputes.
PUMP Act Compliance Checklist
- Identify a private non-bathroom space that can be used for lactation expression
- Ensure the space has seating, a flat surface, privacy from view, and freedom from intrusion
- Establish a process for employees to request lactation accommodations
- Train supervisors on their obligations under the PUMP Act
- Review your break policies to determine whether lactation breaks are paid or unpaid
- Add a lactation accommodation policy to your employee handbook
- Review your state’s lactation accommodation laws for requirements beyond federal law
- Ensure your lactation space has access to an electrical outlet for electric pumps
- Never retaliate against an employee for requesting or using lactation accommodations
Key Takeaways
The PUMP Act requires all employers regardless of size to provide reasonable break time and a private non-bathroom space for nursing employees to express breast milk for up to one year after the child’s birth. The small business undue hardship exemption is narrow and fact-specific — most small businesses cannot rely on it. Bathrooms do not satisfy the private space requirement under any circumstances. State laws may require additional accommodations beyond federal minimums. A written lactation accommodation policy in your employee handbook is the most effective way to demonstrate compliance and prevent disputes.
Recommended Resource: Ensure your business meets federal lactation accommodation requirements with the Federal Labor Law Poster with FMLA Notice by J.J. Keller — bilingual, laminated, and fully compliant for 2026.
Recommended Resource: Ensure full PUMP Act compliance with professional reference guides from National Underwriter — covering lactation accommodation requirements for small businesses.
Disclaimer: The information on WorkplaceLogic.com is for general informational purposes only and does not constitute legal advice. Employment laws vary by jurisdiction and change frequently. Always consult a qualified employment attorney for advice specific to your situation.
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