Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act

The bipartisan Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act has been introduced in both Houses of Congress.

The current law, Break Time for Nursing Mothers, (the Break Time law) requires employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the work day. While this was an important step, nearly one in four women of childbearing age are not covered by the Break Time law.

The PUMP for Nursing Mothers Act would strengthen the Break Time law by:

• Closing the coverage gap. The bill would protect the 9 million employees unintentionally excluded from the Break Time law by extending the law's protections to cover salaried employees as well as other categories of employees currently exempted from protections, such as teachers.
• Providing employers clarity on when pumping time must be paid and when it may be unpaid. The bill leaves in place existing law protecting many salaried workers from having their pay docked, and clarifies that employers must pay an hourly employee for any time spent pumping if the employee is also working.
• Providing remedies for nursing mothers. The bill would ensure that nursing mothers have access to remedies that are available for other violations of the Fair Labor Standards Act.

PUMP for Nursing Mothers Act Senate Bill Number: S. 3170

• Read full text
• Committee of jurisdiction: Senate Committee on Health, Education, Labor, and Pensions

PUMP for Nursing Mothers Act House Bill: H.R. 5592

• Read full text
• Committee of jurisdiction: House Committee on Education and Labor

Congressional History

Legislation to expand the Break Time for Nursing Mothers law has been introduced in each Congressional session since the Break Time law was enacted. In 2011, the bill was titled the Breastfeeding Promotion Act. In 2013, 2015, and 2017, the bill was titled the Supporting Working Moms Act. With the support of the USBC-affiliated Workplace Support Constellation, the 2019 bill has been updated and adapted to better reflect the needs of breastfeeding employees and their employers. 

On January 28, 2020, Nikia Sankofa, Executive Director of the USBC, provided witness testimony at the "Expecting More: Addressing America's Maternal and Infant Health Crisis" congressional subcommittee hearing hosted jointly by the Health, Employment, Labor, and Pensions Subcommittee and the Workforce Protections Subcommittee. Nikia's testimony shed a light on the most pressing needs faced by today's breastfeeding families, described how current laws and policies impact breastfeeding rates, and explored why the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act is a simple, bipartisan policy opportunity that can make a significant impact for families. Nikia spoke alongside Stacey D. Stewart, President and CEO of the March of Dimes and Dr. Joia Crear Perry, President of the National Birth Equity Collaborative. 

Take Action

• Individual Action Opportunities:
• Contact your Members of Congress about the PUMP for Nursing Mothers Act
• Submit a story about your personal experience with workplace lactation accommodations
• Organizational Action Opportunities:
• Joint letter urging Members of Congress to cosponsor the PUMP for Nursing Mothers Act
• Complete the online form to sign on to the letter 

Handouts/Resources for Visits

• A Better Balance/American Civil Liberties Union/USBC Fact Sheet: "Congress Should Pass the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act"

Media Coverage:

• A Better Balance blog: "The PUMP Act Would Extend Protections to Millions of Nursing Parents"
• KTVZ: "Merkley seeks to expand worker breastfeeding protections"
• The Huffington Post: "Senators Propose New Protections For Breastfeeding Workers"
• Representative Maloney Press Releases:
• "Maloney Introduces Bill to Ensure Breastfeeding Rights for Working Moms"
• "Rep. Maloney Announces Bipartisan Co-Leads of PUMP for Nursing Mothers Act"
• Senator Merkley Press Release: "Merkley, Murkowski, Duckworth, Booker Introduce Bipartisan Legislation To Expand Breastfeeding Protections At Work"
• Senator Murkowski Press Release: "Merkley, Murkowski, Duckworth, Booker Introduce Bipartisan Legislation to Expand Breastfeeding Protections At Work"
• Supermajority News: "Newly Introduced Bill Would Further Strengthen The Right to Pump At Work"
• USBC Press Releases:
• "Bipartisan Legislation Introduced to Close Gaps in Federal Protections for Breastfeeding Employees"
• "PUMP for Nursing Mothers Act Receives Bipartisan Support in Both Houses of Congress"

Relevant Cases / Real Stories

• American Civil Liberties Union: "ACLU Sues Frontier Airlines for Discrimination Against Pregnant and Breastfeeding Employees"
• Center for WorkLife Law Report: "EXPOSED: Discrimination Against Breastfeeding Workers"
• MomsRising: ipumpedhere.org
• Office on Women's Health: Supporting Nursing Moms at Work
• The Huffington Post: "How Employers Make It Impossible For Working Women To Breastfeed"
• The Huffington Post: "Why Moms In Health Care Jobs Can’t Catch A Break – To Pump"