Breast Milk Breaks Apply to Remote Workers

The U.S. Department of Labor's recent Field Assistance Bulletin for enforcement of the federal PUMP Act ("Providing Urgent Maternal Protections for Nursing Mothers Act") emphasizes that employers may not deny breast milk pumping breaks in private rooms to employees who are nursing mothers. The Field Assistance Bulletin extends this protection to such employees who are working remotely. Employees who are teleworking or who could be traveling for work responsibilities must be allowed to take breaks from work in privacy to pump breast milk. Employer surveillance of such employees is prohibited, even while working at home, and the frequency, duration and timing of the allowed breaks will vary according to the employee's (and her child's) needs.

The Field Assistance Bulletin also stipulates that breast milk pumping breaks are compensable working time under the Fair Labor Standards Act unless the employees is completely relieved of duty during the entire break time. Even responding to a telephone call or an e-mail during a breast milk pumping break may convert the break to paid working time.

Employers who have any employees who are protected by the PUMP Act should ensure that the strict requirements of the PUMP Act are observed for both on-site and remote employees.