New Pregnancy Protections Regulations in the Workplace in 2023! How Should Employers Comply?

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The U.S. Senate passed two acts that help working moms who are pregnant or breastfeeding. The Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (known as the PUMP Act) were added to the 2023 omnibus spending bill, which now passed the Senate and is headed for a House vote. (Recorded Date- June 8, 2023)

The PUMP Act

The PUMP Act for nursing mothers requires organizations to provide time and space for breastfeeding parents. The Affordable Care Act of 2010 already requires that employers provide reasonable time to express breast milk and provide a place for pumping, other than the bathroom, that is shielded from view and private.

Pregnant Workers Fairness Act

The second bill which helps mothers is the Pregnant Workers Fairness Act which requires employers to provide reasonable accommodations for medical conditions related to pregnancy and childbirth. The law states that employers can’t deny employment opportunities based on these pregnancy accommodations, and they can’t “require employees to take paid or unpaid leave if another reasonable accommodation can be provided. ”The law will go into effect on June 27, 2023, and applies to private employers with 15 or more employees.

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

Course Outline:

   •  Learn how the PUMP Act and Pregnant Workers Fairness Act helps employees and has challenges for Employers.

   •  Learn what the requirements are for the federal regulations and when they are effective.

   •  Learn how the American with Disabilities Act (ADA) reasonable accommodations plays a critical factor in both 

       regulations.

   •  Learn what types of reasonable accommodation meet the guidelines and which will cause a hardship.

   •  Learn the compensation factor of the time employees use for expressing milk according to the Department of   

      Labor’s Fair Labor Standards Act (FLSA)

   •  Learn if the FLSA requirements covers all employers.

   •  Learn how states are increasing their requirements for changes in the federal requirements to provide expanded 

      protections for employees.

   •  Learn how Employers need to make changes to employee handbooks and policies to comply with the new 

      regulations.

   •  Learn how training managers and supervisors will help Employers comply with the new regulations.

Learning Objective:

Employers should review their handbooks and other policies to ensure that they are updated to comply with these changes. In addition, employers should educate their supervisors and managers about the changes in the law to help avoid inadvertent missteps in the future.

Who Should Attend:

All Employers, Business Owners, Company Leadership, Compliance professionals, HR Professionals, Managers/Supervisors, Employers in all industries

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