Correct Answers: A, C, and D (not B, E, or F)

IABLE Comment by Anne Eglash MD, IBCLC, FABM

The PUMP Act for Nursing Mothers, a step in the right direction, covers employees regardless of their gender. Employers with fewer than 50 employees are still covered under this law, although they may be excused from complying when providing the required break time and space would impose an ‘undue hardship’, which is expected to be very rare.

The Act provides protection for pump breaks in a clean private non-bathroom space for one year after the birth of the child, not 2 years, despite the fact that nearly all medical professional societies recommend breastfeeding for 2 years.

The Pregnant Workers Fairness Act is also new legislation effective June 27, 2023. It provides additional protections for all lactating employees, including flight attendants and pilots who are not covered by the PUMP Act, as it guarantees a right to reasonable accommodations for pregnancy, childbirth, and related medical conditions such as lactation. Reasonable lactation accommodations include break times along with clean private non-bathroom spaces for milk expression.

A few issues are not addressed by the PUMP Act. Some lactating workers are at risk for loss of benefits if their paid hours drop below the requirement needed to retain benefits. The PUMP Act also does not address the use of wearable pumps while working without a break, although using wearable pumps should be considered a reasonable accommodation as defined by the Pregnancy Workers Fairness Act. All comments on these legislative changes are welcome!