Employer's Guide to Compliance with Pregnancy Workers Fairness Act and PUMP Act for Maternal Protections
The new federal Pregnancy Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act have significant implications for employers with 15 or more employees. As an employer, it is crucial to understand what these laws entail and how to comply with them to avoid any legal or financial penalties.
Who needs to comply?
The PWFA applies to all employers with 15 or more employees, regardless of the industry or location. The PUMP Act, on the other hand, applies to all employers subject to the Fair Labor Standards Act (FLSA), which includes most employers with at least one employee and $500,000 or more in annual revenue.
Deadlines for compliance:
The PWFA is effective immediately and applies to all pregnant employees. Employers must provide reasonable accommodations to pregnant employees unless doing so would impose an undue hardship on the employer. The PUMP Act took effect on December 21, 2020, and employers have until December 21, 2022, to comply with its requirements. The PUMP Act requires employers to provide nursing employees with a private, non-bathroom space to express breast milk and reasonable break time to do so.
Details on how to comply with the acts:
Under the PWFA, employers must engage in an interactive process with pregnant employees to determine what accommodations may be necessary and provide written notice to employees of their rights under the law.
Employers must provide reasonable accommodations to pregnant employees, such as modified work schedules, more frequent breaks, or lighter duty, unless doing so would create an undue hardship on the business.
Employers must provide nursing employees with a private, non-bathroom space to express breast milk and reasonable break time to do so. This space should be provided for one year after the birth of a child and must provide notice to employees of their rights under the law.
Here are some of the Best practice ideas:
Establish written policies and procedures for accommodating pregnant and nursing employees. Communicate these policies and procedures to all employees, including managers and human resources personnel.
Train managers and human resources personnel on the requirements of the PWFA and PUMP Act, and how to handle accommodation requests from pregnant and nursing employees.
Ensure that all employees are aware of their rights under these laws. Provide written notice of their rights, including the right to request accommodations and express breast milk in a private, non-bathroom space.
Designate a private, non-bathroom space for nursing employees to express breast milk. This space should be clean, comfortable, and free from intrusion by other employees or customers.
Provide reasonable break time for nursing employees to express breast milk. Break time should be paid if it falls within the employee's regular work schedule.
Avoid retaliating against employees who assert their rights under these laws. Retaliation can take many forms, including discipline, termination, or adverse treatment.
In conclusion, complying with the Pregnancy Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act is essential for all employers with 15 or more employees. Failure to comply with these laws can result in legal and financial consequences, as well as harm to the health and wellbeing of pregnant and nursing employees. By understanding the requirements of these laws and implementing best practices, employers can create a supportive and inclusive workplace that benefits all employees.
