New Pregnancy Protection Regulations
PREGNANT WORKERS FAIRNESS ACT
“Reasonable accommodations” are changes to the work environment or the way things are usually done at work. The House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations including the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is significant difficulty or expense for the employer.
PUMP ACT
The second regulation passed to help working moms is the Providing Urgent Maternal Protections for Nursing Mothers Act, known as the PUMP Act. The PUMP Act for nursing mothers requires organizations to provide time and space for breastfeeding parents. In general, this act broadens existing workplace protections for employees to express breast milk at work. The PUMP Act is part of Fair Labor Standards Act (FLSA) protections, enforced by the Department of Labor (DOL).
Under this act, nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work, each time the employee has a need to express milk. This right is available for up to one year after the child’s birth. The frequency and duration of breaks needed to express milk will likely vary depending on factors related to the nursing employee and the child. Factors such as the location of the space and the steps reasonably necessary to express breast milk, such as pump setup, can also affect the duration of time an employee will need to express milk. Employees who telework are eligible to take pump breaks under the FLSA on the same basis as other employees.
Under the FLSA, when an employee is using break time at work to express breast milk they either must be completely relieved from duty or must be paid for the break time. Further, when employers provide paid breaks, an employee who uses such break time to pump breast milk must be compensated in the same way that other employees are compensated for break time. Example: Peyton is a third-grade teacher. Under the FLSA, Peyton is entitled to time to pump breast milk in a private space. Peyton chooses to grade papers and complete student records while pumping breast milk. Peyton must be compensated for the time spent pumping and doing this work at the same time.
The DOL has developed several resources to help better understand and implement the PUMP Act, including Fact Sheet #73: https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers
Considerations:
With these new regulations, besides knowing the implications, there is plenty to consider. Consider the following action items to ensure your charter in compliance with these changes:
- Understand how the American with Disabilities Act (ADA) reasonable accommodations plays a critical factor in both regulations and assess what types of reasonable accommodation meet the guidelines and which will cause a hardship for your charter.
- Make a plan for implementation, including where you can offer your nursing employees a private, non-bathroom place to pump or nurse and what the coverage plan will be during the employees breaks.
- Assess and make any updates or necessary changes to employee handbooks and policies to comply with the new regulations.
- Offer relevant training for managers and supervisors to help ensure your organization complies with the new regulations.
Questions?
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