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Pregnant or Nursing Mothers in the Workplace Get Some Relief

By Ellen M. Hemminger & Elizabeth N. Hall on February 21, 2023
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In late 2022, Congress passed the Pregnant Workers Fairness Act and the PUMP Act.  Both Acts are among a number of protections passed to address working conditions for women workers.

The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (the “Act”) requires employers to provide reasonable accommodations for employees affected by pregnancy, childbirth or related medical conditions.  The Act prohibits discrimination against an employee for requesting a reasonable accommodation or requiring an employee to take paid or unpaid leave when a reasonable accommodation can be provided.  The same standards for determining a reasonable accommodation under the Americans with Disabilities Act apply to this Act.  The Act goes into effect June 27, 2023, and applies to all employers with 15 or more employees.

PUMP for Nursing Mothers Act

The Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) is an amendment to the Fair Labor Standards Act (FLSA) and requires employers to provide nursing mothers with reasonable break time to nurse their child for one year after the child’s birth.  Employers also are required to provide a nursing/lactation area segregated from other work spaces, that is separate from the bathroom. Remedies available under the PUMP Act are the same as those previously available under the FLSA, with the exception that an employee must give an employer ten (10) days to cure any failure to provide an adequate lactation area before filing a claim. The PUMP Act applies to employers with 50 or more employees. The PUMP Act became effective December 29, 2022; however, changes to remedies available to employees who bring a claim under the PUMP Act are not effective until April 28, 2023.

The PUMP Act does not apply in its entirety to air, rail and motor coach industries.  

Intersection with State Laws

Many states already have laws that provide similar, if not more, protections for pregnant or nursing employees.  State laws that provide more protections are not superseded by the Pregnant Workers Fairness Act or the PUMP Act and employers must ensure they comply with both sets of laws.

The key takeaway for employers is to ensure that employment policies and practices are updated to provide accommodations for pregnant and nursing mothers.

Photo of Ellen M. Hemminger Ellen M. Hemminger

Ellen “Ellie” M. Hemminger is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor and Employment group.

Ellie focuses her practice on employment law, involving sexual harassment, retaliation and workplace discrimination. She has experience evaluating and advising on

…

Ellen “Ellie” M. Hemminger is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor and Employment group.

Ellie focuses her practice on employment law, involving sexual harassment, retaliation and workplace discrimination. She has experience evaluating and advising on a vast array of employment-related issues, and has litigated before administrative agencies, including the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Department of Labor, and in state and federal court.

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Photo of Elizabeth N. Hall Elizabeth N. Hall

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state

…

Elizabeth N. Hall is a Shareholder in the firm’s Labor and Employment practice area and serves as the Chicago office chair of the firm’s women’s affinity group, “Women at Vedder Empowering Success” (WAVES).

Ms. Hall represents a wide range of employers before state and federal courts and administrative agencies, as well as in arbitral forums, defending them against various claims, including single plaintiff and class allegations of employment discrimination, failure to accommodate disabilities, sexual harassment, wrongful and retaliatory discharge, breach of contract and violations of the FMLA and wage and hour laws. Ms. Hall has successfully argued procedural and employment discrimination issues in the U.S. Court of Appeals for the Seventh Circuit and has particular expertise in managing electronic discovery teams in complex litigation.

A significant portion of Ms. Hall’s daily practice involves providing practical advice to employers regarding risk management; effective employee discipline and discharge; conducting workplace investigations; accommodating disabilities and pregnancy; workplace violence; managing leaves of absence and complying with FMLA and state leave requirements; workforce reductions; drafting and reviewing employment, recruitment and staffing agreements; policy and handbook development; wage and hour compliance; and state and federal employment laws. She frequently trains clients and employer groups on many of these topics.  Ms. Hall also has extensive experience drafting and negotiating severance, settlement and conciliation agreements on behalf of employer clients.

In 2017 and 2018, Ms. Hall was recommended by The Legal 500 United States for the Labor and Employment Disputes (including collective actions): Defense category. In 2018, she was named to the Crain’s Custom Media “Chicago Notable Women Lawyers” list. She also was selected as an Emerging Lawyer, an affiliate of Leading Lawyers, from 2015 to 2019. From 2010 to 2015, Ms. Hall was selected for inclusion as an Illinois Rising Star, and Super Lawyers named her one of the “Top Women Attorneys in Illinois” in the “Rising Star” category in 2013 and 2014.

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  • Posted in:
    Employment & Labor
  • Blog:
    Vedder Works
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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