The Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act
One of the most significant challenges many working mothers face is finding the balance between career and family responsibilities. Since women make up a little over half of the entire workforce in the US, this also poses a challenge to employers. We’ve made many strides over the past several decades in the way women are viewed and treated in the workplace, and two new pieces of legislation that became effective in 2023 will especially help women who are pregnant and mothers who are nursing. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act will help to ensure fair treatment, accommodation, and support, allowing women who are pregnant or nursing to navigate their professional lives while fulfilling their duties as mothers.
What is The Pregnant Workers Fairness Act (PWFA)?
The Pregnancy Discrimination Act of 1978 already prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PWFA strengthens and clarifies these protections for pregnant workers and requires employers to provide them with reasonable accommodations when needed.
The PWFA covers employers with 15 or more employees, and its core principles include:
- Prohibiting employers from treating pregnant workers unfavorably in terms of hiring, firing, promotions, or any other employment-related decisions.
- Requiring employers to provide reasonable accommodations for pregnancy-related conditions. (Examples of accommodations could be temporary modifications to work duties or schedules, additional break time to use the restroom, closer parking, and time off for medical appointments. An important thing to note is that the employer and employee should have a discussion about what is acceptable and feasible. The employer is not required to provide an accommodation that constitutes an undue hardship upon the business.)
- Ensuring that pregnant employees are not forced into unpaid leave when reasonable accommodations can be provided.
The PWFA not only safeguards the rights of pregnant workers but also promotes gender equality by acknowledging the unique challenges women face during their reproductive years.
What is the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act?
Unlike the Patient Protection and Affordable Care Act, which only provides protection to nursing mothers who work for employers with 50 employees or more, the Pump Act ensures protection to those who work for employers of all sizes. The (PUMP) for Nursing Mothers Act recognizes the importance of supporting nursing mothers in the workplace by ensuring they have a safe, comfortable, and private space to express breast milk.
Key provisions of the PUMP for Nursing Mothers Act include:
- Mandating employers to provide reasonable break times for nursing mothers to express milk.
- Requiring employers to provide a private space, other than a bathroom, for nursing mothers to pump.
Providing these protections is no longer just a perk or benefit, but is a business necessity for many reasons:
- Improved Well-being: These protections contribute to the physical and emotional well-being of pregnant and nursing mothers by reducing stress and allowing them to better manage their dual responsibilities.
- Retention of Skilled Workers: When employees are supported during important life moments, they are more likely to stay loyal to their employers, enhancing workforce stability.
- Gender Equality: Both pieces of legislation promote gender equality in the workplace by addressing unique challenges faced by women and ensuring they have an equal opportunity to succeed in their careers.
As we move forward, it is crucial to recognize that supporting pregnant and nursing workers not only benefits individuals but also strengthens our economy and society as a whole.
What should employers do?
Employers should review their policies and be prepared to make changes to employee handbooks and policies regarding leave and breaks. The EEOC Poster (“Know Your Rights”) was updated June 2023 and must be displayed. For more information about the PWFA, go to: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
The PUMP Act falls under the Fair Labor Standards Act and is enforced by the Department of Labor. Employers should make sure nursing mothers have a private, sanitary place to express milk and should update their policies regarding breaks. The Department of Labor’s poster was revised April 2023 and must be displayed. For more information about the PUMP Act, go to: https://www.dol.gov/agencies/whd/pump-at-work
Contact The HR Connection for assistance with reviewing and revising your policies and updating posters.
