In an evolving workplace where supporting employees’ well-being is increasingly essential, two recent federal laws — the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act — have shifted employer responsibilities nationwide. These laws aim to ensure pregnant and postpartum employees are provided with reasonable accommodations and support to maintain both their health and their livelihood.

At Syndeo, we recently hosted a webinar to break down what these laws mean for employers, how they intersect with existing legislation and how to build a compliant and inclusive workplace culture. Here’s a full recap of what was covered.

Understanding the PUMP Act

Signed into law as part of the Consolidated Appropriations Act in December 2022, the PUMP Act went into full effect on April 28, 2023. This law builds on 2010’s Break Time for Nursing Mothers provision and expands protections for lactating employees under the Fair Labor Standards Act (FLSA). The PUMP Act requires employers to provide reasonable break time for employees to express breast milk for one year after the birth of a child. These breaks can be unpaid, unless the employee is using existing paid break time or continues performing work while pumping — in which case the time must be compensated. This applies to most hourly and salaried employees, regardless of industry.

In addition to time, employers must provide a private, functional space — that is not a bathroom — that is shielded from view and free from intrusion. The space can be temporary and multipurpose, but it must be available whenever needed (not just scheduled times) and include basic accommodations like a chair, a flat surface, electrical access and proximity to refrigeration for milk storage. Legally, the space must also have a sign near it, indicating it is being used for the time being.

There is a limited exemption for small employers with less than 50 employees, who may be excused from compliance if they can prove undue hardship due to the size, resources and structure of their business. There are also special provisions for transportation workers such as airline and railroad employees.

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‍PUMP ACT Employer Compliance Actions‍

• Create and maintain designated location spaces
• Establish a clear process for employees to request breaks
• Train supervisors on legal requirements and how to respond to accommodation requests
• Document all requests and accommodations provided

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Understanding the PWFA

The Pregnant Workers Fairness Act, which went into effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth or related medical conditions. Unlike the Americans with Disabilities Act (ADA), which may not apply to temporary pregnancy-related limitations, the PWFA ensures those gaps are filled and reinforces protections already outlined under the Pregnancy Discrimination Act (PDA) and Family and Medical Leave Act (FMLA).

Importantly, the PWFA protects employees regardless of whether they are considered “disabled” under the ADA. For example, conditions such as morning sickness, fatigue or a temporary lifting restriction due to pregnancy may not qualify as a disability under the ADA, but still warrant accommodation under the PWFA.

Examples of reasonable accommodations include allowing employees to sit or stand as needed, offering flexible break schedules (especially for restroom use or to eat/drink), providing light-duty assignments, modifying food or drink policies, limiting exposure to hazardous materials or reassigning non-essential duties.

The law prohibits employers from denying these accommodations unless they can demonstrate an undue hardship, which is defined as a significant difficulty or expense. It also bars employers from retaliating against employees who request accommodations, and from requiring an employee to take leave if another reasonable accommodation is available.

Employers cannot require medical documentation unless it is considered reasonable, and they must engage in an interactive process to determine effective accommodations on a case-by-case basis. The Equal Employment Opportunity Commission (EEOC) enforces the PWFA and has provided further guidance here.

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PWFA Employer Compliance Actions‍

• Update policies and handbooks to address PWFA requirements
• Train managers on accommodation requirements
• Establish clear procedures for requesting and evaluating accommodations
• Document accommodation requests and responses
• Keep medical information confidential

What Managers Need to Know

Supervisors and HR teams are on the front lines of ensuring compliance. Under the PUMP Act, managers are responsible for identifying appropriate lactation spaces and ensuring they remain available and confidential. If no suitable space exists, managers must work with HR or facilities to find a workable solution. Confidentiality must be respected throughout all communication and accommodation processes.

Under the PWFA, managers must take all accommodation requests seriously and initiate the interactive process as soon as a request is made. They should also avoid forcing employees into leave when other options are viable and refrain from requesting documentation unless it’s truly necessary.

Most importantly, employers should treat all pregnancy and lactation-related requests consistently and impartially. That includes avoiding questions about pregnancy status during hiring or making assumptions about an employee’s ability to perform based on their pregnancy or postpartum status.

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Legal Risks and Why Compliance Matters

Failure to comply with these laws can result in costly consequences. For the PWFA, violations may lead to EEOC charges, lawsuits and court-ordered remedies. Under the PUMP Act, employees can file complaints with the Department of Labor or, after a 10-day notice period, file suit directly. Legal remedies may include reinstatement, back pay, compensatory damages and attorney’s fees.

Beyond compliance, there’s a strong business case for taking these laws seriously. Companies that support pregnant and postpartum workers are more likely to retain top talent, improve employee morale and position themselves as employers of choice. Proactive compliance enhances diversity, equity, and inclusion and demonstrates a commitment to employee health and well-being.

How Syndeo Can Help

At Syndeo, we’re committed to helping our clients stay compliant while building workplaces where people can thrive. Our support includes:

• Policy Review and Development to ensure your employee handbook reflects the latest legal standards.
• Manager Training to educate supervisors on how to handle accommodation requests appropriately.
• Case-by-Case Accommodation Support to help navigate complex or sensitive employee needs.
• Vendor Resources for equipment or lactation room setup.
• Ongoing Compliance Monitoring to keep your business up to date as new guidance emerges.

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Need help getting compliant?

If you have questions or need support updating your policies or training your team, Syndeo is here to help. Reach out to your HR representative to learn more about how we can help your business stay compliant and people-centered.

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