[Author Dana Dobbins]

Question: To be compliant with the PUMP Act, it states there must be a water source. Must this water source be in the same room as the designated space, or is nearby acceptable? It is difficult to identify a space that can be locked, quiet, and private that is not a bathroom but also has a sink.

Answer: The federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was signed into law on December 29, 2022. The PUMP Act requires em-ployers to provide covered employees with “a place, other than a bathroom, that is shield-ed from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” 29 U.S.C. 218d(a)(2). This law does not require that a water source be within the designated lactation space.

In May 2023, the Department of Labor (DOL) issued guidance explaining that the lactation space should have a flat surface (other than the floor) to place the pump, and a place for the nursing employee to sit. Employees must also be able to safely store the milk while at work. Though there is no requirement for a sink to be located within the lactation room itself, the DOL recommends that a sink with running water be located nearby for handwashing and washing or rinsing the pump attachments. As a practical matter, having a sink in close proximity to the designating pumping space may reduce the amount of time required for a pump break.

Colorado law also does not require that a pumping space have a sink. Under Colo-rado law, an employer must provide “a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy.” C.R.S. § 8-13.5-104(2).