New Laws Expand Workplace Protections for Nursing and Pregnant Mothers
Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were enacted within the Consolidated Appropriations Act signed into law on Dec. 29, 2022.
The PWFA applies to employers with at least 15 employees and becomes effective on June 27, 2023. This expands pregnancy-related protections by adopting the same meaning of “reasonable accommodation” and “undue hardship” used in the ADA, including the requirement to use an interactive process to determine an appropriate reasonable accommodation.
The PUMP for Nursing Mothers Act expands existing law under the Fair Labor Standards Act (FLSA) to provide employees with reasonable break time to express breast milk for the employee’s nursing child, for one year after the child’s birth. The employer obligation to provide a place to express milk shielded from view and intrusion from coworkers and the public (other than a bathroom) continues.
Except for changes to available remedies, the amendment to FLSA took effect on December 29, 2022. The changes to remedies will take effect on April 28, 2023.
The PUMP for Nursing Mothers Act covers all nursing mothers, not just non-exempt workers. The break time may be unpaid unless otherwise required by federal or state law or municipal ordinance. Employers should ensure that non-exempt nursing employees are paid if they express breast milk during an otherwise paid break period or if they are not completely relieved of duty for the entire break period. Exempt employees should be paid their full weekly salary as required by federal, state, and local law, regardless of whether they take breaks to express breast milk.
Additionally, the law requires employees to provide notice of an alleged violation to the employer at least 10 days prior to filing a claim.
Employers with fewer than 50 employees may be exempt if able to prove that compliance with the law would cause undue hardship because of significant difficulty or expense.
Please contact HR Advantage if you need assistance with creation or revision of your Nursing Mothers, ADA or related workplace policies.
Source: Jackson Lewis
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