By Lindsey Leonardis, Senior Consultant at HR Solutions Group of West Michigan

Did the recent celebration of Mother’s Day leave you wondering how your business can support new mothers in the workplace?  You can start by ensuring you are compliant with recent PUMP Act legislation changes and the pending Pregnancy Workers Fairness Act. 

The PUMP Act legislation gives nursing employees the right to take a break from work to pump breast milk, and a private space in which to do it, for up to one year after a child’s birth.  The space does not have to be permanently set aside for pumping breast milk, and can be as simple as a room with a lock on the door and signage, but it cannot be a bathroom.  These breaks can be unpaid, unless the employer already provides paid break times, but employers need to be careful with the inclusion of exempt employees. 

What recently changed with the PUMP Act:  

  • Businesses with fewer than 50 employees are now expected to comply unless the business can show undue hardship.

  • Exempt employees are now covered. 

  • As of April 28, 2023, employers who are in violation will be liable for legal or equitable remedies.  Remedies may include employment, reinstatement, promotion, and the payment of wages lost and an equal amount as liquidated damages, compensatory damages, make-whole relief, and punitive damages where appropriate.

The Pregnancy Workers Fairness Act goes into effect on June 27, 2023, and requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer undue hardship.  Covered employers include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.

Other considerations for making your workplace an attractive place for new mothers include adding or enhancing benefits and policies such as maternity leave, parental leave, short term disability, and flexible work arrangements. 

The team at HR Solutions Group is available to support you with benchmarking, writing, and implementing benefits and policies that ensure your workplace meets the needs of new mothers.