The budget bill just passed by Congress and signed by President Joe Biden includes new protections for pregnant and lactating employees and applicants.

Pregnant Workers Fairness Act 

As of June 2023, employers with 15 or more employees must accommodate employees’ and applicants’ known limitations related to pregnancy, childbirth, or related medical conditions unless it would create an undue hardship. Employers also cannot take any adverse action against an employee or applicant for requesting or using an accommodation.

Lactation Accommodations 

The “Providing Urgent Maternal Protections for Nursing Mothers Act,” or PUMP Act, effective immediately, updates the Fair Labor Standards Act to require employers to provide time and space to breastfeed or pump at work. This law now covers both exempt and non-exempt employees (previously, it covered only non-exempt individuals).

While you may already have policies for pregnancy accommodation and nursing workers, you should review those policies to ensure they are compliant with these new federal laws and make any necessary updates. In addition, make sure to train your managers and supervisors on responding to pregnancy accommodation requests and requests to express breast milk in the workplace.

As a reminder, many states have laws that are more generous than the federal requirements and should not be preempted by these new federal requirements.