Creighton and Federal Guidelines
Creighton follows and supports the guidelines established under the Fair Labor Standards Act particularly as it relates to work/break time for lactation, specifically: Under the Fair Labor Standards Act (FLSA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act or PUMP Act):
Creighton considers reasonable break time for lactation-related activities as work time. Employees have the right to take reasonable break time to express breast milk for their nursing child. For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has the need to express breast milk”. An employer may not deny a covered employee a needed break to pump.
Generally, nursing mothers will require between two and three breaks to express breast milk in an eight-hour shift and that the break time should be between 15 and 20 minutes (although the length of break time may vary and depends on several factors, including the age of the baby, the number of breast feedings in the baby’s normal daily schedule, whether the employee must get the pumping supplies from another location away from the workspace, and how long it takes the employee to walk to and from the lactation space, etc.). Employees who work remotely are eligible to take pump breaks under the FLSA on the same basis as other employees. If breaks exceed this criteria, time may potentially be classified as unpaid and the employee should indicate this break period on the timecard in accordance with Creighton payroll policies for non-exempt employees.
Creighton also follows and supports providing a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
Note: Retaliation is strictly prohibited and it is a violation of the FLSA to “discharge or in any other manner discriminate against” any employee because, for instance, they filed a complaint to assert their pump at work rights.
This amendment only applies to non- exempt (hourly) employees.
FLSA AND PUMP ACT Regulations: Did you know....
Effective March 10, 2010 the Patient Protection and Affordable Care Act (PPACA) contains an amendment to the Fair Labor Standards Act (FLSA) imposing two basic requirements for new mothers to express breast milk.
- Provide a reasonable break time for an employee to express breast milk for the nursing child for one year after the child’s birth each time such employee has need to express the milk; and
- Provide a functional place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
The law does not require an employer to pay an employee during these breaks. This new amendment only applies to non-exempt (hourly) employees.
On December 29, 2022 the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) became law, extending the right to pump protections to workers.
- Extended coverage effective as of December 29, 2022.
- Additional remedies available for violations occurring on or after April 28, 2023.
More information can be referenced on the Department of Labor webpage.
Additional Resources
Pump at Work Protections under the Fair Labor Standards Act (PDF)