The PUMP for Nursing Mothers Act was signed into law in December 2022 and took effect on April 28, 2023. It expanded workplace protections for breastfeeding employees in ways that matter to every pumping mother returning to work. Before this law, millions of salaried workers had no federal right to pumping breaks or a private space at work. Now they do. And if your employer hasn't caught up to the law yet, this guide walks you through exactly how to hold them to it.
If you are planning your return to work and wondering what your employer owes you, this guide covers everything. We break down the law itself, who it covers, how it compares to older protections, what your state may add on top, and exactly what to do if your workplace falls short. Whether you are an exclusive pumper or combining nursing with pumping through a breastfeeding and pumping schedule, knowing your rights makes the transition back to work less stressful.
What the PUMP Act Requires
Two things. That's all the law asks from your employer — and neither one is negotiable. These are federal minimums. Your state may require more, but your employer cannot offer less.
1. Reasonable break time to express milk.Your employer must provide you with reasonable break time each time you need to pump, for up to one year after your child's birth. The law does not define an exact number of minutes or sessions per day. Instead, it uses the standard of "reasonable," which the Department of Labor interprets as the time an employee needs based on her individual circumstances. For most mothers, this means 2-3 sessions of 15-30 minutes during an 8-hour workday.
2. A private space that is not a bathroom. The space must be shielded from view and free from intrusion by coworkers and the public. It must be functional for expressing breast milk, which means it needs:
- A door that can be locked or otherwise secured
- An electrical outlet for your breast pump
- A flat surface to place your pump and supplies on
- Reasonable proximity to your work area
A bathroom stall does not qualify, even if it has an outlet. The law is explicit about this. A storage closet that has been cleared and fitted with a chair, table, and outlet can qualify. A dedicated lactation room is ideal, but not required, as long as the space meets the functional requirements above.
Important detail about pay: Pumping breaks do not need to be paid unless you are not completely relieved from duty during the break. If you answer emails, take calls, or perform any work task while pumping, that time must be compensated. Pumping breaks are separate from and in addition to your regular meal breaks.
Who Is Covered Under the PUMP Act
The PUMP Act covers employees who are covered under the Fair Labor Standards Act (FLSA). This is a significant expansion from the previous law.
Who is now covered:
- Hourly (non-exempt) workers — these employees were already covered under the 2010 Break Time for Nursing Mothers law
- Salaried (exempt) workers — this is the major expansion. Before the PUMP Act, salaried employees had no federal right to pumping breaks or a private space. Now they do.
- Full-time and part-time employees — hours worked do not affect eligibility
Who may be exempt:
- Employees of businesses with fewer than 50 workers — but only if the employer can demonstrate that compliance would cause an undue hardship based on business size, financial resources, and structure. This exemption is narrow and evaluated case by case.
- Certain transportation workers — airline crew members (crewmembers as defined by the FAA), motorcoach operators, and railroad workers have modified provisions or delayed effective dates under specific sections of the law.
- Teachers and nurses — while not fully exempt, some roles where continuous coverage is required may have practical accommodation challenges. The law still applies, but employers may need creative scheduling solutions.
Bottom line: if you work for a company with 50 or more employees in the United States, you are almost certainly covered.
The American Academy of Pediatrics has long recommended exclusive breastfeeding for approximately six months, with continued breastfeeding for one year or longer. The PUMP Act's one-year protection period aligns with this recommendation, giving mothers the legal support to continue providing breast milk through the first year.
How the PUMP Act Differs from the 2010 Break Time Law
The 2010 Break Time for Nursing Mothers provision was part of the Affordable Care Act. While groundbreaking at the time, it had significant gaps. The PUMP Act closes those gaps. Here is a direct comparison:
| Feature | 2010 Break Time Law | 2022 PUMP Act |
|---|---|---|
| Workers covered | Hourly (non-exempt) only | Both hourly and salaried (FLSA-covered) |
| Private space required | Yes (not a bathroom) | Yes (not a bathroom) |
| Break time required | Reasonable break time | Reasonable break time |
| Duration of protection | Up to 1 year after birth | Up to 1 year after birth |
| Small employer exemption | Yes (fewer than 50 employees) | Yes (fewer than 50, if undue hardship) |
| Enforcement mechanism | DOL complaint only | DOL complaint AND private lawsuit |
| Remedies available | Limited (DOL enforcement) | Back pay, compensatory damages, attorney fees, reinstatement |
The two biggest changes are coverage expansion and enforcement. Adding salaried workers brought an estimated 9 million additional employees under federal protection. And the private right of action means that if the DOL complaint process is too slow, you can take your employer to court directly.
Your Rights State by State
Federal law sets the floor, not the ceiling. Many states offer protections that go beyond what the PUMP Act requires. If you live in a state with stronger laws, those additional protections apply to you on top of the federal requirements.
Here are some notable states with protections that exceed federal law:
| State | Key additional protections |
|---|---|
| California | Protections apply to all employers regardless of size. Paid pumping breaks required if taken during regular break time. Lactation space must have access to running water and a refrigerator. |
| New York | Covers all employees. Employers must provide pumping breaks for up to 3 years after birth. Must provide a written lactation accommodation policy. |
| Oregon | Covers all employers with 25 or more employees. Requires 30-minute paid rest period for pumping. Space must be close to the work area. |
| Illinois | Nursing Mothers in the Workplace Act covers all employers with 5 or more employees. Paid breaks if taken during regular break periods. |
| Colorado | Protections extend to 2 years after birth. Covers all employers. Paid reasonable break time for pumping. |
| Washington | Covers all employers. Must provide private space and reasonable break time. Breaks are paid if taken during regular paid break periods. |
| Minnesota | Covers all employers. Requires a clean, private room near work area. Break time runs concurrently with existing break time when possible. |
| Vermont | Covers all employers. Requires reasonable time and private space for up to 3 years after birth. |
For a complete, searchable list of all 50 states, visit the U.S. Breastfeeding Committee's workplace law page. This resource is updated regularly and covers city and county ordinances in addition to state laws. Before returning to work, check both your state and local protections. You are entitled to whichever set of protections is strongest.
How to Talk to HR About Pumping Accommodations
The best time to start this conversation is 2-4 weeks before your return from leave. Proactive communication gives HR time to arrange a space and signals that you are organized and professional about the request. Here is a step-by-step approach:
- Send a written request first. Email is better than a verbal ask because it creates a paper trail. Keep it simple, specific, and professional.
- Reference the law.You do not need to be confrontational. A simple mention of "the PUMP for Nursing Mothers Act" shows you are informed and helps HR understand this is a legal requirement, not a personal favor.
- Be specific about what you need. State the number of sessions, approximate duration, and the type of space you require.
- Offer to be flexible. Showing willingness to work around meeting schedules and team needs builds goodwill.
- Follow up in writing after any verbal conversation. Send a "thank you for the discussion" email that summarizes what was agreed. This protects you if there is a dispute later.
You don't need to sound like a lawyer. Keep it straightforward.
Sample email to HR:
Subject: Lactation Accommodation Request — Returning [Date]
Hi [HR Contact],
I am returning from parental leave on [date] and would like to arrange lactation accommodations in accordance with the PUMP for Nursing Mothers Act.
I will need a private space (not a bathroom) with a locking door, an electrical outlet, and a flat surface approximately 2-3 times per day for about 20 minutes per session. I am happy to block my calendar in advance and adjust timing around team meetings.
Could you let me know what space is available and any process I should follow? I appreciate your help with this.
Thank you,
[Your Name]
This email is short, professional, and does three important things: it references the law by name, states exactly what you need, and shows flexibility. Most HR departments respond positively to this approach. If you already have a pumping at work schedule planned out, mention the specific times you intend to pump. This makes the conversation even more concrete.
What to Do If Your Employer Violates the PUMP Act
If any of this sounds familiar — no room, bathroom only, passive-aggressive comments about breaks — here's your playbook. Follow these steps in order:
- Document the violation. Write down dates, times, and details of each incident. Save emails, text messages, and any written communications. If you were told verbally that no space is available, send a follow-up email summarizing the conversation. Create a paper trail.
- Notify your employer in writing. The PUMP Act requires employees to notify their employer and give 10 days to come into compliance before filing a lawsuit. Send a clear, written notice (email is fine) that describes the specific violation and references the PUMP for Nursing Mothers Act.
- File a complaint with the Department of Labor. You can file a complaint with the DOL Wage and Hour Division at any time. You do not need to wait 10 days for this option. The DOL can investigate and order your employer to comply.
- Exercise your private right of action. If your employer does not remedy the violation within 10 days of your written notice, you can file a lawsuit in federal court. This is a new right under the PUMP Act that did not exist under the 2010 law.
Remedies available through a lawsuit:
- Reinstatement — if you were fired or demoted for pumping
- Back pay — lost wages from the violation period
- Compensatory damages — for emotional distress and other harm caused by the violation
- Liquidated damages — in cases of willful violations
- Attorney fees and court costs — the employer may be required to pay your legal costs
Protection against retaliation: It is illegal for your employer to fire, demote, reduce your hours, or take any negative action against you for exercising your rights under the PUMP Act. If you experience retaliation, document it immediately and include it in your complaint or lawsuit.
Practical Tips for Pumping at Work
Rights on paper are one thing. Making it work every day at your actual desk is another. Here are practical strategies that experienced working mothers rely on:
- Set a consistent schedule. Pump at the same times every day whenever possible. Consistency is the most important factor in maintaining your milk supply during work hours. If you need help building a schedule, our pumping at work guide includes sample schedules for 8-hour and 10-hour workdays.
- Keep a backup pump kit at work. Store an extra set of flanges, membranes, and a hands-free pumping bra in your desk or locker. Forgetting a part at home should not mean a missed session.
- Use the fridge hack for pump parts. Between sessions, store your pump parts in a sealed bag in the refrigerator instead of washing after each use. Wash thoroughly once daily per CDC pump hygiene guidelines.
- Stay hydrated. Keep a water bottle at your pump station and at your desk. The ACOG recommends breastfeeding mothers drink to thirst and consume about 450-500 extra calories daily.
- Bring photos or videos of your baby. Looking at your baby, listening to a recording of their sounds, or even smelling a piece of their clothing can help trigger letdown. This is especially helpful during stressful workdays when letdown may be slower.
- Consider a wearable pump. Wearable breast pumps fit inside your bra and allow you to pump discreetly during meetings or at your desk. While they may not fully replace a standard double electric pump for all sessions, they give you flexibility on busy days.
If you are concerned about supply while working, our power pumping schedule guide explains how weekend power pumping sessions can help compensate for any shortfall during the workweek. And if you are building your overall pumping schedule, start there for age-specific session recommendations.