Unlike the Pregnant Workers Fairness Act (PUMP Act), which ensures workplace accommodations for employees to pump at work, the recent Federal Aviation Administration (FAA) guidance on in-flight pumping breaks merely provides non-binding recommendations, leaving airlines to create their own policies without mandating specific protections for lactating crew members.

In a Law360 article titled "Pumping Break Guidance for Airline Crews Falls Flat," Labor and Employment Partner Mishell Parreno Taylor highlights that while the FAA guidance does address essential considerations – such as prohibiting pumping during critical flight phases and acknowledging modern lactation technology – she expects this area to evolve further, especially as airlines develop their own procedures.  Mishell advises employers to take a practical approach by staying informed about the needs of their workforce. By understanding what their employees are experiencing, airlines can better navigate these accommodations while balancing safety priorities.

"Obviously we've had a change in the administration since [the guidance was released]. We've also seen a lot of focus, certainly recently, on air safety. I do think it's something that probably will evolve. ... Even within the guidance, it talks about carriers electing to develop policies and procedures, and so I think as we see that evolution, we may see further guidance in this space."