Nursing at Work: Your Pumping Rights Under the PUMP Act

What the PUMP Act Requires

The PUMP for Nursing Mothers Act (short for Providing Urgent Maternal Protections) amends the Fair Labor Standards Act. It was signed into law on December 29, 2022, as part of the Consolidated Appropriations Act of 2023. The law requires most employers to provide two things:

These protections apply for one year after the child's birth. The law uses the phrase "each time such employee has need to express the milk," meaning your employer cannot cap the number of breaks. Most nursing parents need to pump every 2 to 3 hours.

The PUMP Act did not create these rights from scratch. The Affordable Care Act added a nursing mothers provision to the FLSA in 2010, but it only covered non-exempt (hourly) workers. The PUMP Act expanded that protection to cover nearly all FLSA-covered employees, closing a gap that had left millions of salaried workers without coverage.

Who Is Covered

Before the PUMP Act, the Break Time for Nursing Mothers provision (added by the ACA in 2010) only covered non-exempt employees. If you were a salaried manager, a teacher, a registered nurse, or any other exempt worker, you had no federal right to pumping breaks. The PUMP Act changed that.

The PUMP Act extended coverage to nearly all employees covered by the FLSA. This includes:

• Hourly (non-exempt) workers
• Salaried (exempt) workers, including managers and professionals
• Teachers and school employees
• Registered nurses and healthcare workers
• Farmworkers
• Part-time employees

Small Employer Exemption

Employers with fewer than 50 employees may be exempt from the PUMP Act if they can show that compliance would impose an "undue hardship." To claim this exemption, the employer must demonstrate that providing break time or space would create significant difficulty or expense relative to the size, financial resources, nature, and structure of the business.

Specific Industry Rules

Certain employees of railroads, airlines, and motor coach carriers have separate timelines and rules. Rail carrier and motorcoach employees became covered as of December 29, 2025. Airline crewmembers have specific provisions tailored to the nature of air travel.

What the Pumping Space Must Include

The law is specific about what counts as an acceptable space. Under 29 U.S.C. § 218d, the space must be:

What Works (and What Does Not)

The DOL has also indicated that the space should ideally have access to running water nearby for cleaning pump parts. While the statute itself does not explicitly mandate running water in the room, the DOL's guidance recommends it as part of a functional pumping space. Some state laws do require it.

Break Time Rules: Paid or Unpaid?

Under the federal PUMP Act, break time for pumping does not need to be paid. But there is an important exception.

If your employer provides paid breaks to other employees (coffee breaks, rest periods, smoke breaks), and you use that paid break time to pump, your employer must pay you for that time. Your employer cannot treat your pumping break differently from other employees' breaks.

In practice, this means:

• If your workplace gives all employees two paid 15-minute breaks per day, and you pump during one of those breaks, that 15 minutes must be paid.
• If you need additional time beyond the standard paid break to finish pumping, your employer can treat the extra time as unpaid.
• Your employer cannot deduct pumping time from your total hours worked if you are otherwise "on the clock" and still available to work (for example, pumping at your desk while reading email).

How Many Breaks Is "Reasonable"?

The law says the break time must be "reasonable." The DOL interprets this based on the employee's individual circumstances. Most nursing parents need to pump every 2 to 3 hours for about 15 to 30 minutes per session. That typically means 2 to 3 pumping sessions during an 8-hour workday.

Your employer cannot tell you that one pumping break per day is "enough" or impose a blanket time limit. The frequency and duration depend on your body and your child's needs.

PWFA Overlap: Lactation as a Related Medical Condition

The PUMP Act is not the only law that protects nursing employees. The Pregnant Workers Fairness Act (PWFA) classifies lactation as a "related medical condition" connected to pregnancy and childbirth. This gives you additional accommodation rights beyond what the PUMP Act provides.

Under the PWFA, your employer may be required to provide:

• Schedule modifications to accommodate pumping times
• Additional break time beyond what the PUMP Act requires
• A private space with specific features (such as a refrigerator for milk storage)
• Temporary reassignment if your current work environment cannot accommodate pumping (for example, a field position with no access to a private space)
• Accommodations for lactation-related health conditions like mastitis, clogged ducts, or low milk supply

The PWFA applies to employers with 15 or more employees. If your employer is too small for the PUMP Act's small employer exemption to apply but has 15 or more employees, both laws cover you. If your employer claims undue hardship under the PUMP Act, you may still have rights under the PWFA. For more on the PWFA documentation process, see our guide on PWFA documentation rules.

What to Do If Your Employer Does Not Comply

If your employer refuses to provide break time or a proper space, you have several options. The enforcement rules differ depending on whether the violation involves break time or space.

Step 1: Put Your Request in Writing

Send an email (and BCC your personal email) stating that you need break time and space to express breast milk under the PUMP for Nursing Mothers Act, 29 U.S.C. § 218d. Be specific about what you need: how many breaks, approximately how long, and what kind of space. Keep a copy outside your employer's systems.

Step 2: File a Complaint with the DOL

You can file a complaint with the Department of Labor's Wage and Hour Division at any time. There is no waiting period for filing a DOL complaint about any PUMP Act violation. Call 1-866-487-9243 or visit dol.gov/agencies/whd to be connected to your nearest WHD office. The DOL will investigate on your behalf.

Step 3: File a Private Lawsuit (If Needed)

To file a private lawsuit over a space violation, you must first notify your employer and give them 10 days to fix the problem. But there are exceptions where you can file immediately:

• You were fired for requesting pumping time or space
• Your employer has stated it will not provide a private space
• The violation involves break time (not space), where no notice period is required

Available Remedies

If your rights are violated, you may be entitled to:

State Laws May Provide More Protection

The PUMP Act sets a federal floor. Many states have their own nursing and pumping laws that go further. State and local laws that provide additional protections remain in effect and are not changed by the PUMP Act. If your state has stronger protections, your employer must follow the stricter standard.

Some ways state laws may exceed the PUMP Act:

• Paid pumping breaks. New York, for example, requires employers to provide paid break time for expressing breast milk regardless of employer size (Labor Law § 206-c, effective June 19, 2024).
• Longer coverage periods. Some states extend protections beyond one year after the child's birth.
• No small employer exemption. Some states require all employers to comply, regardless of how many employees they have.
• Specific space requirements. Some states require the pumping space to include electrical outlets, a refrigerator for milk storage, or access to running water in the room itself.

Check your state's specific leave and accommodation laws to see what additional protections apply to you. Your rights are always the greater of what federal and state law provides.

Frequently Asked Questions About the PUMP Act