PWFA and PUMP Act Rules for Employers
Two federal laws protect pregnant and nursing employees at work. They are enforced by different agencies, apply to different employers, and both reach well past the benefits desk.
What the PWFA Requires
The PWFA took effect June 27, 2023. The EEOC issued its final regulation in April 2024, effective June 18, 2024.
Who Is Covered
Employers with 15 or more employees, along with certain public employers. An employee does not need a disability to be protected. Applicants and employees are both protected, and the law addresses accommodations connected to pregnancy, childbirth and related conditions. Employers should confirm how it applies to their workforce, and employment counsel can help with specific questions.
Reasonable Accommodation
Covered employers must make reasonable accommodations for the known limitations of a qualified employee related to pregnancy, childbirth or related medical conditions, unless the accommodation would cause undue hardship. The standards for reasonable accommodation and undue hardship follow the ADA, including the interactive process.
A Known Limitation
A limitation counts as known once the employee or a representative has communicated it to the employer, whether or not it would qualify as an ADA disability. The employee does not need to use particular words or fill out a form. If a manager hears about a limitation, treat it as a request, loop in HR and begin the conversation without delay.
What Employers Cannot Do
Fail to accommodate, require an accommodation other than one reached through the interactive process, deny opportunities because an accommodation is needed, force leave when another accommodation would work, or retaliate for requesting one. Employers and employees should work together on a solution, not simply accept the first idea offered. Document the conversation, check in after the accommodation starts, and involve employment counsel if a request is unusual.
Why It Touches Benefits
Accommodations often involve time off for appointments, schedule changes or temporary duty changes. How those interact with paid leave, short-term disability and health plan eligibility is a plan design question as well as an HR one. Review how time off, schedule changes and temporary duty changes interact with the benefits you offer, such as paid leave and disability coverage. Ask your benefits adviser and counsel to check the plan language.
Enforcement
The PWFA is enforced by the EEOC. The agency also accepts complaints and can investigate. Employers should be ready to show their policy, training and the steps taken after a request, so keep clear records of each case. Counsel can advise on how to respond if a charge or inquiry arrives.
What the PUMP Act Requires
The PUMP Act extends the FLSA break-time rules for nursing employees to almost all workers, for up to one year after a child’s birth.
Who Is Covered
Nearly all FLSA-covered employees, including many who were previously excluded. Airline crewmembers and, in some cases, certain rail and motorcoach employees are exempt. Many employees who were not covered under older rules are now protected, so employers should review their policies and handbooks. Counsel can confirm whether any exemption applies to your workplace.
Break Time
Employers must provide reasonable breaks each time an employee needs to express milk, for up to one year after the child’s birth. Teleworkers qualify on the same basis. Managers should know breaks may be needed throughout the day and that the timing can vary from person to person. Plan coverage and scheduling ahead of time so the employee is not penalized for taking them.
A Space That Is Not a Bathroom
The space must be shielded from view, free from intrusion, and not a bathroom. For teleworkers, employer-required video systems may not observe them while they pump. A conference room or office with a lock and a place to sit can work, if it is available when needed. Remote employees may need a plan for privacy during calls, so ask them what works.
Paid or Unpaid
If the employer pays regular breaks, pump breaks are paid the same way. Additional pump breaks can be unpaid only if the employee is completely relieved of work. Work performed while pumping must be paid. Payroll and timekeeping systems should reflect the pay rules for these breaks. Train managers and payroll staff on how to record them, and ask counsel if the pay treatment is unclear.
Small Employer Hardship Exception
Employers with fewer than 50 employees are exempt only if compliance would cause an undue hardship, and all employees count regardless of worksite. Smaller employers should not assume they are exempt, because the exception is narrow and depends on the facts. Keep records of the analysis, and talk to counsel before relying on it.
Remedies
Since April 28, 2023, violations can bring legal and equitable remedies including lost wages plus an equal amount in liquidated damages, compensatory damages, and in some cases punitive damages. Employees can file with the Wage and Hour Division or sue.
A Practical Employer Checklist
Neither law is a benefits-plan law, but both land on HR and on benefits communications.
Update the Handbook
Add a short statement of accommodation rights and a named contact for requests under both laws. Make sure the handbook explains how to ask, who to contact and what happens next. Keep the language plain, share it with new hires and review it each year with employment counsel.
Set Up the Interactive Process
Decide who responds to a request, how quickly, and how the conversation is documented. Set expectations such as who gets the first call, how soon HR will respond and what notes will be kept. A written process helps managers act consistently and reduces the chance of a missed request.
Identify the Space Now
Choose the lactation space before anyone asks, including a plan for remote and field employees. Choose a location that meets the privacy standards and is easy to reach, and tell employees where it is. Make a plan for field and remote workers, and check the space on a regular schedule.
Check Leave Coordination
Map how accommodation time off interacts with paid leave, short-term disability and FMLA. See multi-state leave compliance.
Train Managers
Most failures begin with a manager who treats a request as a performance issue instead of an accommodation request. Short training sessions with real examples help managers recognize requests in everyday language. Remind them to send questions to HR before making a decision, and to avoid comments that could be seen as retaliation.
Review State Law Too
Michigan law adds its own protections. See our Michigan Civil Rights Act guide.
Questions We Get About the PWFA and PUMP Act
How many employees must we have for the PWFA to apply?
15 or more. The PUMP Act reaches nearly all FLSA-covered employees, with an undue hardship exception for employers under 50.
Does an employee need a medical certificate for an accommodation?
Employers should not assume documentation is required. The PWFA turns on a known limitation communicated to the employer and the interactive process, so consult the EEOC’s regulation before asking for documentation.
How long does PUMP Act break time last?
Up to one year after the child’s birth.
Must pump breaks be paid?
If regular breaks are paid, pump breaks are paid the same way. An additional unpaid break is allowed only when the employee is fully relieved from duty.
Can a bathroom be the lactation space?
No. The space must be other than a bathroom, shielded from view, and free from intrusion.
What about remote employees?
Teleworkers have the same rights. An employer-required video system may not observe an employee while she is pumping.
Can we force an employee onto leave?
Not when another reasonable accommodation would work. The PWFA bars requiring leave in that situation.
What are the remedies for a PUMP Act violation?
Lost wages plus an equal amount in liquidated damages, compensatory damages, and where appropriate punitive damages.
Related Guides
Related reading: Multi-State Leave Compliance · Part-Time Benefits Eligibility · Michigan Civil Rights Act Guide · Michigan Employer Benefits Law at a Glance · HR Compliance Audits
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Laws and rules referenced
42 U.S.C. § 2000gg et seq. and 29 U.S.C. § 218d — Pregnant Workers Fairness Act and the PUMP Act.
This page is general information, not legal or tax advice. Rules change and facts matter, so confirm your situation with counsel or a qualified advisor.
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