An investigation by the U.S. Department of Labor found that Ardent Health Services +, operating in Oklahoma as Hillcrest Medical Center, failed to allow break time for workers who are nursing.

An investigation concluded that break times for expressing milk were limited to specific times and were only allowed if there was sufficient staffing.

At the conclusion of the investigation, Hillcrest updated its policies and practices in order to comply.

Source: https://www.dol.gov/newsroom/releases/whd/whd20260413

Commentary

The above case illustrates how staffing shortages and legal compliance must both be managed. A policy that conditions breaks protected by law on staffing sufficiency will lead to an increased risk of noncompliance.

The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) allows workers who are nursing to take breaks to express milk for one year after childbirth. The law applies to employees in the medical profession, as well as in other industries.

Further, an employer may not deny a covered employee a needed break to pump and may not interrupt or cut short that break. These breaks are to be taken as needed. When an employee is using break time at work to express breast milk, she either must be completely relieved from duty or must be paid for the break time.

The employer must provide the needed break time and appropriate space, while making sure any necessary duties are covered during an employee's pump breaks by temporary or floating staff, who can fill-in.

Consider the following to help avoid the risks:

· Separate mandatory break-time policies from staffing policies

· Train supervisors that pump breaks should not be denied or delayed for staffing coverage reasons

· Audit break logs periodically to confirm legally-required breaks are actually being taken, not just being scheduled

· Build relief staffing into schedules to cover employees on legally- protected breaks

The final takeaway is that understaffing is not a defense to non-compliance with the PUMP Act.