By Vanessa Jupe, CEO of Leva

This document outlines key considerations for supporting working parents, focusing on the interplay between the PUMP for Nursing Mothers Act (PUMP Act), the Pregnant Workers' Fairness Act (PWFA), and best practices for creating a supportive workplace. Understanding these legal requirements and implementing supportive measures is crucial for attracting and retaining talent, fostering a positive work environment, and ensuring legal compliance.

I. Legal Framework:

Two primary pieces of legislation guide employer responsibilities regarding lactation and pregnancy-related conditions:

• The PUMP for Nursing Mothers Act (PUMP Act): This act focuses specifically on providing accommodations for expressing breast milk. It mandates that employers provide:
  
  

• Reasonable break time: Employees must be provided with reasonable break time to express breast milk for up to one year after the child's birth. [1]

• Dedicated space: A space shielded from view and free from intrusion (other than a bathroom) must be provided for expressing breast milk. This space should be clean, have a place to sit, and a flat surface for the pump. [1]

• The Pregnant Workers' Fairness Act (PWFA): This broader legislation requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions, unless doing so would impose an undue hardship on the employer's operation. [2] Lactation is specifically included as a related medical condition. [2] Examples of reasonable accommodations under the PWFA include:
  
  

• Modifications to work duties: Adjusting tasks to be less physically demanding or allowing for more frequent breaks.

• Changes to work schedule: Flexible start/end times, adjusted shifts, or remote work options.

• Changes to work environment: Providing a comfortable chair, access to a refrigerator for storing milk, or a quieter workspace.

• Additional break time: Beyond what is required by the PUMP Act, if medically necessary.

• Leave for medical care: Time off for appointments related to pregnancy or lactation, including conditions like mastitis.

• Allowing a caretaker to bring a child to work: In specific situations, if it facilitates breastfeeding or pumping.

II. Best Practices for a Supportive Workplace:

Beyond legal compliance, implementing best practices demonstrates a commitment to supporting working parents and fosters a more inclusive workplace. Consider the following:

• Lactation Consultants: Providing access to lactation consultants can offer valuable support and guidance to employees navigating breastfeeding and pumping.

• Employee Assistance Programs (EAPs): EAPs can provide counseling and support services for working parents, addressing the unique challenges they face.

• Training for Supervisors and Colleagues: Educating supervisors and colleagues on the requirements of the PUMP Act and PWFA, as well as best practices for supporting working and lactating parents, is essential. Training should cover:

• Legal requirements of both acts.

• Handling accommodation requests.

• The importance of creating a supportive and non-discriminatory environment.

• Clear Policies: Written policies outlining lactation and other pregnancy-related accommodations ensure transparency and consistency in application.

• Open Communication: Encourage open communication between employees and supervisors regarding individual needs and how the employer can provide support.

• Return-to-Work Planning: Proactive discussions about the employee's return to work after parental leave facilitate the identification and implementation of necessary accommodations.

III. The "Undue Hardship" Clause:

The PWFA includes an "undue hardship" clause, meaning that accommodations are not required if they are demonstrably too difficult or expensive for the employer to implement. [2] However, employers must engage in an interactive process with the employee to explore potential reasonable accommodations before claiming undue hardship. [2] This interactive process is critical for demonstrating good faith efforts to comply with the law.

IV. Conclusion:

By understanding the legal requirements of the PUMP Act and PWFA, and by implementing the best practices outlined above, HR professionals can create a supportive and inclusive workplace for working parents. This not only ensures legal compliance but also contributes to improved employee morale, retention, and overall organizational success.

Note: This document provides general information and should not be considered legal advice. Consult with legal counsel for specific guidance related to your organization's circumstances.