Remember the PUMP Act from 2023? A Kansas and a New York McDonald’s did not and are in the legal cross hairs. Neither restaurant provided safe, private lactation spaces nor appropriate break times. The Feds are taking note of this law and you should too,
Here is our PUMP Act blog, which includes the mandatory poster. Below is a review of the break and actual lactation space requirements, which McDonald’s failed to provide:
Breaks
- Reasonable breaks as needed to express milk
- Frequency and duration fact specific: age of child, how far away PUMP site is, whether pump and equipment already set up, how long and how often pumping needed
- Telework employees eligible for same breaks
Break Space
- Must be private, cannot be a bathroom
- Must be a space that can be locked and has blinds or be shielded from view
- Space can be used for other things but must be available to nursing employees when needed
- Must be functional: how many spaces needed? Resources needed to express milk? (Refrigerator? Seating? Lighting? Technology?)
Don’t Forget about the other New Pregnancy Law! Along with the PUMP Act, the Pregnancy Workers Fairness Act (PWFA) was enacted in 2023. (blog here) This law is a big deal. Among other things, it expands the definition of qualified individual under the ADA and includes accommodations for not just pregnancy related issues but also women-specific conditions like menstruation and menopause.
Takeaways: We expect to see complaints and compliance issues related to the PUMP Act and even more with the PWFA. Now is a good time to prepare your workforce for these laws. We offer a fixed fee service with necessary forms, postings and a flow chart to help supervisors implement the law. Contact us. We can help.