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PUMP Act Passes House with Levin Measure

Michigan

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The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (PUMP Act) passed the House today with bipartisan support and included Rep. Levin’s amendment to expand protections for workers expressing breastmilk.

WASHINGTON, D.C. – Today, Congressman Andy Levin (MI-09), member of the House Education and Labor Committee, voted to pass the H.R. 3310, the PUMP Act, which passed the House by a vote of 276-149.

The bill includes a measure authored by Rep. Levin to clarify that the expanded breaktime and space protections of the PUMP Act must apply to workers who have experienced a stillbirth, and, in the case of adoption or surrogacy, apply to the adoptive and biological mother or gestational carrier. The amendment also extends the bill's breaktime and space protections from one year to two years.

"Today, the House took a major bipartisan step toward expanding protections for workers who express breastmilk," said Congressman Levin. "I am proud that today's bill includes my amendment, which will ensure workers who experience a stillbirth or who are on either side of surrogacy or adoption are guaranteed protections. We have the chance to make a simple change that, perhaps, can make their circumstances just a little less hard to get through. Finally, the additional year of protection for all workers is in line with the recommendation ofthe World Health Organization to provide breastmilk for up to two years as we continue to learn more about the health benefits of breastmilk in passing on COVID-19 antibodies."

The Break Time for Nursing Mothers Act, enacted as part of the Affordable Care Act in 2010, amended the Fair Labor Standards Act (FLSA) to require employers to provide (1) reasonable break time, which does not need to be paid, to express milk for one year after a child's birth and (2) a private, non-bathroom space for nursing employees to express breastmilk while at work. Unfortunately, gaps in the law limit how workers can hold their employers accountable when they violate these requirements.

The PUMP Act would provide more nursing workers with enforceable protections. It would amend the FLSA to extend nursing protections to workers currently excluded from overtime protections; ensure workers can recover appropriate forms of relief in court, including reinstatement and back pay; and clarify that a worker must be completely relieved of duty during unpaid breaks.

Source:https://andylevin.house.gov/media/press-releases/pump-act-passes-house-levin-measure

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