PUMP for Nursing Mothers Act

Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act

This bill expands workplace protections for employees with a need to express breast milk. Specifically, it expands the requirement that employers provide certain accommodations for such an employee to cover salaried employees and other types of workers not covered under existing law. Further, time spent to express breast milk must be considered hours worked if the employee is also working. The bill also extends from one year to two years the available time period for such accommodations.

Additionally, before making a claim of liability against an employer, an employee generally must first notify the employer that they are not in compliance and provide them with 10 days to come into compliance with the required accommodations.

Finally, the bill provides certain exemptions from these requirements for air carriers.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3110

   To amend the Fair Labor Standards Act of 1938 to expand access to 
 breastfeeding accommodations in the workplace, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2021

Mrs. Carolyn B. Maloney of New York (for herself, Ms. Herrera Beutler, 
    Ms. Roybal-Allard, Ms. Adams, and Ms. Underwood) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Labor Standards Act of 1938 to expand access to 
 breastfeeding accommodations in the workplace, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing Urgent Maternal 
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers 
Act''.

SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    (a) Expanding Employee Access to Break Time and Space.--The Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
            (1) in section 7, by striking subsection (r);
            (2) in section 15(a)--
                    (A) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(6) to violate any of the provisions of section 18D.'';
            (3) in section 16(b) by striking ``7(r)'' each place the 
        term appears and inserting ``18D of this title''; and
            (4) by inserting after section 18C the following:

``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    ``(a) An employer shall provide--
            ``(1) a reasonable break time for an employee to express 
        breast milk for such employee's nursing child for 1 year after 
        the child's birth each time such employee has need to express 
        the milk; and
            ``(2) a place, other than a bathroom, that is shielded from 
        view and free from intrusion from coworkers and the public, 
        which may be used by an employee to express breast milk.
    ``(b)(1) Subject to paragraph (2), an employer shall not be 
required to compensate an employee receiving break time under 
subsection (a)(1) for any time spent during the workday for such 
purpose unless otherwise required by Federal or State law or municipal 
ordinance.
    ``(2) Break time provided under subsection (a)(1) shall be 
considered hours worked if the employee is not completely relieved from 
duty during the entirety of such break.
    ``(c) An employer that employs less than 50 employees shall not be 
subject to the requirements of this section, if such requirements would 
impose an undue hardship by causing the employer significant difficulty 
or expense when considered in relation to the size, financial 
resources, nature, or structure of the employer's business.
    ``(d) Nothing in this section shall preempt a State law or 
municipal ordinance that provides greater protections to employees than 
the protections provided for under this section.''.
    (b) Clarifying Remedies.--Section 16(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(b)) is amended by striking ``15(a)(3)'' each 
place the term appears and inserting ``7(r) or 15(a)(3)''.

SEC. 3. EFFECTIVE DATE.

    (a) Expanding Access.--The amendments made under section 2(a) shall 
take effect on the date that is 120 days after the date of enactment of 
this Act.
    (b) Remedies and Clarification.--The amendments made under section 
2(b) shall take effect on the date of enactment of this Act.
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