1. Short title
This Act may be cited as the “Providing Urgent Maternal Protections for Nursing Mothers Act” or the “PUMP for Nursing Mothers Act”.
Providing Urgent Maternal Protections for Nursing Mothers Act
A BILL
To amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and for other purposes.
2. Breastfeeding accommodations in the workplace
Expanding employee access to break time and space— The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
in section 13 (29 U.S.C. 213)—
in subsection (a), in the matter preceding paragraph (1), by inserting “(except section 7(r))” after “and 7”;
in each of subsections (b), (e), (h), (i), and (j), by inserting “(except section 7(r))” after “provisions of section 7”;
in subsection (d), by inserting “(except section 7(r))” after “6, 7”;
in subsection (e), by striking “provisions of section 7” each place where the term appears and inserting “provisions of section 7 (except section 7(r))”; and
in subsection (f), by striking “6, 7, 11, and 12” and inserting “6, 7 (except section 7(r)), 11, and 12”; and
in section 14(d) (29 U.S.C. 214(d)), by inserting “(except section 7(r))” after “7”.
Clarifying remedies— Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended by striking “15(a)(3)” each place the term appears and inserting “7(r) or 15(a)(3)”.
Clarifying application of unpaid break time provision to hourly and salaried workers— Section 7(r)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)(2)) is amended—
by striking “(2) An” and inserting “(2)(A) Subject to subparagraph (B), an”;
by striking “work time spent” and inserting “time spent during the work day”;
by inserting “, unless otherwise required by Federal, State, or local law” before the period at the end; and
by adding at the end the following:
“(B) In the case of an employee who is compensated on an hourly basis, the employer shall compensate the employee for reasonable break time under paragraph (1) if the employee is not entirely relieved from duty during the break.”