The PUMP Act in Georgia: Lactation Accommodations for Teachers and Retail Workers

Protecting Nursing Mothers in Georgia's Workplaces

Returning to work after having a baby is one of the most stressful transitions a mother can face. For women in desk jobs, pumping breast milk is often manageable. However, for public school teachers in Atlanta or retail workers in Savannah, leaving the classroom or the sales floor is notoriously difficult. Employers frequently deny break times or force mothers into unsanitary conditions. Fortunately, the Providing Urgent Maternal Protections for Nursing Mothers Act, 29 U.S.C. § 218d (commonly known as the PUMP Act) vastly expanded federal protections. By amending the Fair Labor Standards Act, 29 U.S.C. § 207, the PUMP Act extended the right to break time and a private lactation space to nearly all salaried and hourly employees, completely changing the landscape for Georgia educators and retail staff.

Understanding Your PUMP Act Rights in Georgia

The PUMP Act is very specific about what an employer must provide. Ignorance of the law is not a valid defense for your principal or store manager.

Unpaid vs. Paid Pump Breaks

One of the most confusing aspects of the law is whether you get paid while you pump. Under the FLSA, employers are not required to pay you for pumping breaks if you are completely relieved of all your work duties during that time. However, if you use a pumping break during a time when you are already legally receiving a paid break (like a standard 15-minute rest period), you must be paid. Most importantly, if you are forced to grade papers, answer emails, or take customer phone calls while pumping, you are not completely relieved of duties, and the employer must pay you for that time.

Makeshift Pump Rooms: Closets and Bathrooms are Illegal

Teachers and retail workers are entirely too familiar with the 'go pump in the supply closet' routine. The PUMP Act explicitly states that a bathroom is never a permissible location to pump breast milk, regardless of how clean it is. The employer must provide a space that is shielded from view and completely free from intrusion from coworkers and the public. A manager's office with a glass window facing the sales floor is illegal unless the windows are fully covered and the door has a functional lock.

Retail Floor Coverage and Teaching Shortage Excuses

A common excuse from retail store managers in Augusta or school principals in Gwinnett County is that they are 'too short-staffed' to allow a mother to step away for 30 minutes. Under the law, staffing shortages do not negate your federal rights. An employer can only deny these rights if they have fewer than 50 employees total (across the entire company, not just your specific store location) and can definitively prove that providing the breaks would cause an 'undue hardship'-a very high legal bar to clear.

Step-by-Step Process to Enforce Your Rights in Georgia

The PUMP Act requires employees to follow a specific procedure before they can drag an employer into federal court for inadequate space.

• Step 1: Notify Your Employer. You must clearly request a private space and reasonable time to pump. Do this in writing (via email or a formal HR portal) so you have a paper trail.
• Step 2: The 10-Day Cure Period. If the space provided is inadequate (e.g., they tell you to use a bathroom or a room without a lock), the PUMP Act requires you to notify your employer of the deficiency. They then have exactly 10 days to fix the problem and provide a legal space. (Note: The 10-day rule does not apply if you were fired for asking for a break).
• Step 3: File a Complaint with the DOL. If they refuse to fix it, you can file a formal complaint with the federal government. You can submit Form WH-3, Federal, Department of Labor, Employment Information Form at the U.S. Department of Labor, Wage and Hour Division, Atlanta or the U.S. Department of Labor, Wage and Hour Division, Savannah.
• Step 4: File a Federal Lawsuit. Your employment attorney can file a lawsuit against your employer in a federal court, such as the U.S. District Court for the Southern District of Georgia, Savannah. The PUMP Act allows you to sue for lost wages (if you were forced to clock out illegally), punitive damages, and emotional distress.

How Much Does it Cost in Georgia?

Holding your employer accountable for lactation violations is financially accessible.

How Long Does the Process Take?

Once you inform your employer that their space is illegal, they have 10 days to fix it. If they fail and you escalate to a Department of Labor investigation, it can take 3 to 6 months for the agency to issue a finding. A federal lawsuit can take 1 to 2 years to reach a jury trial, though many employers settle quickly once a lawsuit is filed to avoid terrible public relations.

Frequently Asked Questions (FAQ)