In response to growing concern over maternal mortality and health disparities in the United States, comparative to its industrialized peers, many employers are taking steps to improve maternal and child health during infancy and new parenthood. This has involved legal changes such as the PUMP Act and the Pregnant Workers Fairness Act, which demand employer compliance. Navigating these new requirements can be complex, but understanding the legalities can mitigate risk and help to foster a supportive work environment.
The PUMP Act, or Break Time for Nursing Mothers law, has been designed to support breastfeeding mothers when they return to work. Since March 23, 2010, it has required employers to allow reasonable break times for an employee to express breast milk for her nursing child, for up to one year after the child’s birth. Moreover, employers must provide a lactation space, other than a bathroom, that is shielded from view and free from intrusions from other employees and the public.
Meanwhile, the Pregnant Workers Fairness Act encourages a fair standard of care for pregnant workers. While it has not yet become law, the Act has gained bipartisan support in Congress. The Act proposes that employers accommodate “known limitations” related to pregnancy, childbirth, and conditions associated with these. Some examples of reasonable accommodations might include more regular or longer break periods, temporary transfer to a light duty position, or job restructuring.
With the U.S lagging behind many of its industrialized counterparts in terms of maternal care and health, these legal developments, aimed at promoting maternal and child health, are a step in the right direction. It is important that employers, especially of larger corporations and law firms, fully understand their responsibilities and the needs of their employees in these critical periods of parenthood.
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