Courtney Helps Pass Bill to Extend Break Time and Space Protections for Nursing Moms at the Workplace

WASHINGTON, DC – Today, Rep. Joe Courtney (CT-02) voted to pass the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (H.R. 3110). The bipartisan bill would help ensure that nursing mothers are provided ample time and space to pump and breastfeed at work in order to keep themselves and their babies healthy. As a senior member of the House Education and Labor Committee, Courtney supported H.R. 3110 and helped prepare it for House passage today when he voted to pass the bill out of Committee on May 26^th. The PUMP for Nursing Mothers Act was introduced with bipartisan co-sponsors, and passed the House today with support from both sides of the aisle in a 276-149 vote.

"There are thousands of working moms all across eastern Connecticut, and in just about every industry you could think of—from our shipbuilders and engineers, to our farmers, medical professionals, and many more," said Congressman Courtney. "Their families and our economy depend on their work, and while we're still getting back to full speed, we need to be asking ourselves how we can make it easier for working moms to continue being part of the labor force. For thousands of working women and their families, ensuring nursing moms have ample time and space to pump during the day is a simple, but important way to provide that help. The PUMP for Nursing Mothers Act is about supporting strong moms, strong families, and a strong economy. Proud to help pass this bill today, and glad to see it done on a strong bipartisan basis."

The PUMP for Nursing Mothers Act would extend break time and space protections to more working mothers in America, help ensure that employees are able to recover appropriate forms of relief from employers, including reinstatement or back pay, if their rights are denied. Read more about H.R. 3110 below.

More Information on the PUMP for Nursing Mothers Act

Breastfeeding plays an important role in both maternal and infant health. Yet, despite the recommendation from the American Academy of Pediatrics that infants be exclusively breastfed for the first six months after birth and continue to be breastfed for one year, mothers often face barriers to pumping breastmilk in the workplace, forcing many to choose between employment and breastfeeding.

Enacted in 2010, the break time for nursing mothers provision under the Fair Labor Standards Act of 1938 require employers to provide (1) reasonable break time to express milk for one year after a child's birth and (2) a non-bathroom space free from view and intrusion for nursing employees to express breastmilk while at work. Unfortunately, gaps in the law limit the number of workers entitled to these protections and how workers can recover in court when their employers violate the requirements.

• Current Law Excludes Millions of Workers of Child-Bearing Age. Because the nursing mother provisions were added to the section of the FLSA providing overtime protections, workers who are statutorily excluded from overtime protections, including teachers, agricultural workers, and certain "white-collar" workers, are also excluded.
• Current Law Limits How Workers Can Recover in Court When Employers Fail to Comply. Because recovery under the FLSA is generally for unpaid overtime or minimum wage, employees are only able to hold their employers accountable for lost wages in court when employers do not provide break time and space. But, as the Labor Department has noted, "because employers are not required to compensate employees for break time to express breast milk, in most circumstances there will not be any unpaid minimum wage or overtime compensation associated with the failure to provide such breaks." Moreover, lost wages are often an inadequate or inappropriate form of relief where the violation resulted in forced resignation, infection, early cessation of breastfeeding, or diminished milk supply.

The PUMP Act:

• Extends break time and space protections to workers who are currently excluded from overtime protections, including agricultural workers, transportation workers, airline workers, and teachers;
• Ensures workers can recover appropriate forms of relief in court for violations, including reinstatement or back pay;
• Extends break time and space protections to workers up to two years after the employee gives birth or begins nursing a child;
• Ensures workers are covered by break time and space protections when they begin nursing a child, including an adopted child, or when they give birth, even if the infant is stillborn or the worker does not retain custody of the infant; and
• Clarifies that if a worker is not completely relieved of duty during breaks, such break time is considered hours worked and thus compensable.

###