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ARTICLE · 18 SEPTEMBER 2024

Legislative Developments: Pregnancy And Nursing Protections For Employees

Employers should be aware of recent federal legislation that has created new rights for pregnant and nursing employees. Some states also have passed state legislation that creates...

United StatesEmployment and HR

Employers should be aware of recent federal legislation that has created new rights for pregnant and nursing employees. Some states also have passed state legislation that creates new or additional rights that employers must follow, depending on the states in which they operate. What follows is a summary of new legislation that impacts pregnant and nursing employees in the workplace.

Federal Laws

Congress updated Section 7 of the Fair Labor Standards Act (FLSA) in 2010 to mandate that employers provide nursing employees with break time and private spaces for pumping. In April 2023, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) went into effect, which clarifies and strengthens these protections for nursing employees. More specifically, employers, with some exceptions for undue hardship, must:

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