For employers in the rail and motorcoach industries, the waiting period is officially over. As of December 29, 2025, the delayed provisions of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) regarding specific transportation employees have gone into effect.
While the PUMP Act generally expanded workplace protections for nursing employees back in late 2022, Congress included a three-year delay for certain crewmembers of rail carriers and motorcoach service operators to allow these industries time to prepare. That three-year window has now closed, meaning these employers must now comply with federal requirements to provide reasonable break time and private space for nursing workers.
Background: The PUMP Act
Enacted in December 2022, the PUMP Act amended the Fair Labor Standards Act (FLSA) to require employers to provide:
- Reasonable Break Time. Employees must be allowed break time to express breast milk for their nursing child for one year after the child’s birth each time they have a need to pump.
- Private Space. Employers must provide a place other than a bathroom, which is shielded from view and free from intrusion from coworkers and the public.
What Changed on December 29, 2025?
The protections previously applicable to most other industries now extend to the following specific groups in the transportation sector:
- Rail Carriers. This includes members of train crews involved in the movement of a locomotive or rolling stock, as well as employees who are responsible for the upkeep of the physical railroad infrastructure.
- Motorcoach Services. This applies to employees involved in the movement of a motor coach.
Industry-Specific Exceptions and Nuances
Recognizing the unique operational challenges of trains and long-distance buses, the Department of Labor (DOL) and the PUMP Act statute included specific exceptions for these newly covered groups.
- Significant Expense or Unsafe Conditions. Employers in these sectors are not required to comply if they can demonstrate that doing so would require a “significant expense” or result in unsafe conditions.
- Significant Expense: This may include removing or retrofitting seats, unscheduled stops, or modifying the vehicle significantly.
- Not a Significant Expense: The law explicitly states that installing a curtain or other screening protection is not considered a significant expense.
- Operational Feasibility. For rail carriers, ensuring compliance does not require adding an additional crewmember. However, if a nursing employee needs to pump, the space provided must still meet the privacy criteria, often achieved through temporary measures like privacy curtains or signage in the locomotive or motorcoach.
Next Steps for Employers
Now that the effective date has passed, rail and motorcoach employers should take immediate action to ensure compliance and avoid potential penalties.
- Assess Mobile Workspaces: Evaluate locomotives and motorcoaches to identify how privacy can be achieved without creating unsafe conditions. If a dedicated room is impossible, ensure privacy curtains or screens are available and functional.
- Review “Significant Expense” Claims: If you intend to claim an exemption based on significant expense or safety, document exactly why compliance in a specific instance meets that high threshold. Remember, the burden of proof lies with the employer.
- Update Policies and Training: Revise employee handbooks to reflect these new rights for transportation crewmembers. Train supervisors and schedulers on how to accommodate pump breaks during routes or shifts without disrupting safety.
- Consult Legal Counsel: Given the specific nuances regarding “significant expenses” and safety exceptions in these industries, seek advice from labor counsel to ensure your interpretation aligns with DOL guidance.
