Merkley, colleagues call on FAA to work on rules to let flight crews pump breastmilk aboard aircraft

WASHINGTON (KTVZ) – Sen. Jeff Merkley led 19 senators in a letter to Federal Aviation Administration Administrator Michael Whitaker, calling attention to the continued need for clear and workable rules permitting members of flight crews to pump breastmilk aboard aircraft during non-critical phases of flight.

Joining Merkley in this letter are U.S. Senators Bernie Sanders (I-VT), Patty Murray (D-WA), Raphael Warnock (D-GA), Richard Blumenthal (D-CT), Elizabeth Warren (D-MA), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Cory Booker (D-NJ), Peter Welch (D-VT), Catherine Cortez Masto (D-NV), Mazie Hirono (D-HI), Tammy Duckworth (D-IL), Edward J. Markey (D-MA), Tammy Baldwin (D-WI), Ron Wyden (D-OR), Laphonza Butler (D-CA), Jeanne Shaheen (D-NH), and Maggie Hassan (D-NH).

“We write to bring renewed attention to flight crews’ longstanding need to pump breastmilk aboard aircraft during non-critical phases of flight,” wrote the senators. “Flight crews experiencing the joy of having a baby should never be forced to stop pumping breastmilk, especially when a simple, time-tested, and demonstrably safe policy framework exists to avoid this difficult and frustrating situation.”

The senators noted that stakeholders have worked together to find a policy consensus around this issue in the FAA reauthorization process, and that this language—which directs the FAA Administrator to issue guidance—previously received an affirmative vote in the Senate Commerce Committee. The senators urged the FAA to use its existing authority and act preemptively to prepare such guidance.

While the PUMP for Nursing Mothers Act of 2022 (PUMP ACT)—legislation guaranteeing millions of working parents the right to pump during their workday at their workplace—was included in the Fiscal Year 2023 omnibus appropriations law, the PUMP Act was met with pushback from the aviation industry, leaving flight crews out of the critical protections. Excluding flight crews from the protection to pump at work impacts the future of the American aviation workforce, especially at a time when we need to keep existing airline employees and find ways to attract more to join the industry.

“For flight crews, safety is always the top priority, and we now have decades of evidence demonstrating that flight crews can attend to this physiological need in a way that does not disrupt safety, service, or other duties. We’re glad to see regional offices of the FAA have already reviewed and permitted at least two airlines to enact policies allowing their flight crew to express breastmilk during non-critical phases of the flight and encourage you to continue down this path,” the letter continues.

Full text of the letter can be found below and by clicking here.

Dear Administrator Whitaker,

We write to bring renewed attention to flight crews’ longstanding need to pump breastmilk aboard aircraft during non-critical phases of flight. Flight crews experiencing the joy of having a baby should never be forced to stop pumping breastmilk, especially when a simple, time-tested, and demonstrably safe policy framework exists to avoid this difficult and frustrating situation.

Stakeholders have worked hard to achieve a policy consensus for consideration in legislation to reauthorize the Federal Aviation Administration (FAA). Specifically, stakeholders and congressional leaders have agreed to direct the FAA Administrator to issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember’s duties aboard the aircraft. In developing this guidance, the Administrator must consider multiple methods of expressing breastmilk that could be used by crewmembers.

The PUMP for Nursing Mothers Act of 2022 (PUMP Act), included in the Fiscal Year 2023 omnibus appropriations law, guarantees millions of working parents who want to pump milk during their workday have that right without risking discipline or termination from their employer under federal law. Excluding flight crews does not bode well for the future of our aviation workforce at a time when we need to keep existing airline employees on the rolls and to attract more to join the industry.

For flight crews, safety is always the top priority, and we now have decades of evidence demonstrating that flight crews can attend to this physiological need in a way that does not disrupt safety, service, or other duties. We’re glad to see regional offices of the FAA have already reviewed and permitted at least two airlines to enact policies allowing their flight crew to express breastmilk during non-critical phases of the flight and encourage you to continue down this path.

With this new directive receiving an affirmative vote in the Senate Commerce Committee earlier this month, we urge you to act preemptively to prepare this advisory circular and publish under current FAA authority.