The PUMP for Nursing Mothers Act extends the coverage of the Break Time law so that all workers have a clear right to break time and space to pump during the workday.

The PUMP for Nursing Mothers Act strengthens the Break Time law by:

• Closing the coverage gap. The bill protects the 9 million employees unintentionally excluded from the Break Time law by extending the law's protections to cover salaried employees as well as other categories of employees currently exempted from protections, such as teachers.
• Providing employers clarity on when pumping time must be paid and when it may be unpaid. The bill leaves in place existing law protecting many salaried workers from having their pay docked, and clarifies that employers must pay an hourly employee for any time spent pumping if the employee is also working.
• Providing remedies for nursing mothers. The bill ensures that nursing mothers have access to remedies that are available for other violations of the Fair Labor Standards Act.

Fact Sheet #73, updated January 2023

Black Maternal Health Momnibus Act of 2021

H.R. 959 and S. 346

The goal of the bill is to end preventable maternal mortality and severe maternal morbidity in the United States and close disparities in maternal health outcomes.

Summary of the Black Maternal Health Momnibus Act:

1. Make critical investments in social determinants of health that influence maternal health outcomes, like housing, transportation, and nutrition.
2. Provide funding to community-based organizations that are working to improve maternal health outcomes and promote equity.
3. Comprehensively study the unique maternal health risks facing pregnant and postpartum veterans and support VA maternity care coordination programs.
4. Grow and diversify the perinatal workforce to ensure that every mom in America receives culturally congruent maternity care and support.
5. Improve data collection processes and quality measures to better understand the causes of the maternal health crisis in the United States and inform solutions to address it.
6. Support moms with maternal mental health conditions and substance use disorders.
7. Improve maternal health care and support for incarcerated moms.
8. Invest in digital tools like telehealth to improve maternal health outcomes in underserved areas.
9. Promote innovative payment models to incentivize high-quality maternity care and non-clinical perinatal support.
10. Invest in federal programs to address the unique risks for and effects of COVID-19 during and after pregnancy and to advance respectful maternity care in future public health emergencies.
11. Invest in community-based initiatives to reduce levels of and exposure to climate change-related risks for moms and babies.
12. Promote maternal vaccinations to protect the health and safety of moms and babies.

Progress has been made...The federal Pregnant Workers Fairness Act (PWFA), as part of the FY 2023 omnibus spending package, was signed into law December 2022 and goes into effect on June 27, 2023.

The Act expands and further guarantees accommodations for pregnant women.  It will establish that it is an unlawful employment practice for an employer with 15 or more employees not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.

Advocate for Ongoing Federal Legislation

Learn more at the United States Breastfeeding Committee's website: www.usbreastfeeding.org.  Look under the Policy & Actions tab. 

• Family and Medical Insurance Leave (FAMILY) Act: The Act would provide paid family and medical leave benefits. USBC Public Comments on Paid Family and Medical Leave
• MOMMA's Act: The bill would improve federal efforts with respect to the prevention of maternal mortality and reduction of maternal morbidity.  It would provide a standard measure for states to report maternal mortality, issue best practices, establish Regional Centers of Excellance, and expand Medicaid and CHIP coverage for postpartum care from 60 days to a year.

Breastfeeding Saves Dollars and Makes Sense

Contact your U.S. congressional representative and inform them that breastfeeding is good for families, employers and the economy.  Tell them that congressional action is urgently needed to remove barriers to breastfeeding success.  We need improved workplace accomodations, improved maternity care practices, and improved consumer protections regarding infant formula labeling and marketing claims. 

Contact your U.S. legislators in Congress

www.usa.gov/Contact/Elected.shtml

Advocate for NY Legislation: Assembly and Senate Bills

• A02866 / S00483  Requires human breast milk banks, companies and cooperatives to comply with certain standards and provides for education and support of certain breastfeeding mothers
• A03015 / S01802  Provides medical assistance coverage for the cost of donor breast milk which is medically necessary for certain infants
• A03032 / S03296  Relates to reimbursement for donor human breast milk
• A02759 / S02249  Requires insurance coverage for the cost of donated breast milk
• A04402 / S00650  Relates to establishing the lactation accommodation in the Public Transportation Facilities Act
• A08372 / S01544  Mandates the provision of lactation accommodations in airports
• A02345 / S03387  Relates to lactation counseling services
• A00715 / S03352  Relates to exempting breast pump replacement parts and certain supplies from sales and compensating use taxes   

Other Information

Resources are available here:

www.usbreastfeeding.org/LegislationPolicy/BreastfeedingAdvocacyHQ/BreastfeedingSavesDollarsandMakesSense/tabid/339/Default.aspx

Resource for divorce and breastfeeding issues:

http://www.pabreastfeeding.org/news/protecting-breastfeeding-while-in-a-divorce-or-custody-dispute/

Albany-based attorney provides links to free webinars and other free resources:

www.laurenhuntesq.com