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The recently enacted Consolidation Appropriations Act of 2023 (H.R. 2617) included two provisions for pregnant and nursing mothers.
Expanded Lactation Break Rights to Exempt Employees
The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act amends the lactation provision of the Fair Labor Standards Act (FLSA)—inserted by the Affordable Care Act (ACA)—to add that exempt workers (in addition to nonexempt workers) have the right to reasonable break time to express breast milk in a private secured place that is not a bathroom for one year after a child’s birth.
The law also claims to clarify that the
