This could get ugly - Question about breastfeeding and work

[sonnyjane]

Re: This could get ugly - Question about breastfeeding and w

http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx

I have not yet given birth or returned to work with my breast pump, but I have checked out the laws in my state just to see what the stipulations are. This is the website I found that gave me some guidance, and I am sure my employer and I will be having a conversation about this soon. I am already anxious about returning to work and pumping, as I work with all male employees. Choosing to pump is unfortunately not something I will be taking for granted.

Good luck when you return! It's not that I don't support the choice at all, I just wish my employer did have a clear policy on this that was fair to both the new mothers and those working with them.

 

[monarch64]

Re: This could get ugly - Question about breastfeeding and w

http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx

I have not yet given birth or returned to work with my breast pump, but I have checked out the laws in my state just to see what the stipulations are. This is the website I found that gave me some guidance, and I am sure my employer and I will be having a conversation about this soon. I am already anxious about returning to work and pumping, as I work with all male employees. Choosing to pump is unfortunately not something I will be taking for granted.

Good luck when you return! It's not that I don't support the choice at all, I just wish my employer did have a clear policy on this that was fair to both the new mothers and those working with them.

Thanks, SJ! I'm sorry you're having to navigate through this without a standard operating procedure/policy in place. It's daunting for everyone when there is no plan in place! There is nothing in my employee handbook regarding the issue, either, and in fact despite my company having been around for 30+ years, I am the first pregnant woman to have worked for it and now I will be the first to approach the subject of pumping in the workplace with the owner and general manager! (Plenty of women have worked for the company, just none in my particular situation.)

I think it's great that you are bringing this up, and I wish you the best in helping with figuring out how to handle your co-worker's needs so that your team runs efficiently for everyone's sake.

 

[amc80]

Re: This could get ugly - Question about breastfeeding and w

Does anyone else find it just bizarre that the employee handbook, state law and union handbook all leave this issue out?! It's almost like women don't make up nearly half the workforce...

I'm not sure where I read it, but just yesterday I read that employees must be given the necessary time to pump...as well as a non-bathroom place to do so (though this applies only if the company is over 50 people). The employee doesn't have to be paid for this time, but they are allowed to do what they need to do. This is a federal law.

 

[amc80]

Re: This could get ugly - Question about breastfeeding and w

In what world do you get to take 1 1/2 hrs off when you are at work? That's really ridiculous.

In a world where you have to go back to work but would still like to provide your baby with breast milk.

 

[monarch64]

Re: This could get ugly - Question about breastfeeding and w

Does anyone else find it just bizarre that the employee handbook, state law and union handbook all leave this issue out?! It's almost like women don't make up nearly half the workforce...

I'm not sure where I read it, but just yesterday I read that employees must be given the necessary time to pump...as well as a non-bathroom place to do so (though this applies only if the company is over 50 people). The employee doesn't have to be paid for this time, but they are allowed to do what they need to do. This is a federal law.

AMC, from page 1 of this thread:

http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx

 

[Kunzite]

Re: This could get ugly - Question about breastfeeding and w

sonny, I have a question for you. I'm assuming you get two 15 minute breaks a day, right? So if she pumped at lunch and got the other two sessions closer to 25 minutes would that help? That would only equate to an extra 20 minutes a day. It seems like, based on the wording of the FLSA, that she doesn't really have to but in her place I would want to help my coworkers out (as long as they came to me in a friendly, nonaggressive way).

 

[Kunzite]

Re: This could get ugly - Question about breastfeeding and w

Does anyone else find it just bizarre that the employee handbook, state law and union handbook all leave this issue out?! It's almost like women don't make up nearly half the workforce...

I'm not sure where I read it, but just yesterday I read that employees must be given the necessary time to pump...as well as a non-bathroom place to do so (though this applies only if the company is over 50 people). The employee doesn't have to be paid for this time, but they are allowed to do what they need to do. This is a federal law.

It applies to companies with fewer than 50 employees too unless they prove it's an undo hardship.

 

[sonnyjane]

Re: This could get ugly - Question about breastfeeding and w

sonny, I have a question for you. I'm assuming you get two 15 minute breaks a day, right? So if she pumped at lunch and got the other two sessions closer to 25 minutes would that help? That would only equate to an extra 20 minutes a day. It seems like, based on the wording of the FLSA, that she doesn't really have to but in her place I would want to help my coworkers out (as long as they came to me in a friendly, nonaggressive way).

This is a whole different topic haha. My particular position does not get the two 15 minute breaks. That's a complaint for another time lol! Like I said earlier, after reading up on the laws and hearing personal accounts, I think getting her to pump during lunch and just making sure she's really only taking the time she needs and not longer will be a satisfactory solution for me.

 

[Imdanny]

Re: This could get ugly - Question about breastfeeding and w

In what world do you get to take 1 1/2 hrs off when you are at work? That's really ridiculous.

In a world where you have to go back to work but would still like to provide your baby with breast milk.

As I already clarified, I only meant there have to be rules. Anyone unilaterally deciding to take 1 1/2 hrs off is going to affect the entire workplace, as the fact the OP had to start this thread shows.

 

[minousbijoux]

Re: This could get ugly - Question about breastfeeding and w

Sonny: thanks so much for sharing this difficult situation. I have been on both sides of the situation and thought you wouldn't mind if I provided my input.

First off, I think its important to take note of the fact that your employer and your union have not entered the picture at all in this situation. Maybe you really have done such an exceptional job of "hiding" the situation that they don't know. If this is (unfortunately for you) the situation, then I really, really commend you and your other coworker for putting her needs - and her baby's - above your own. However, the cynical part of me wants to add that this is exactly the kind of situation that unions and employers want to stay as far away from as possible. No employer wants to be in a battle over the amount of time a mother is given to breastfeed. No union wants to get between employees in a squabble around time allocated for breastfeeding. (I am not trying to imply that it would ever come to that as you sound entirely too reasonable and supportive for that, but just as way of explanation as to why you don't see the union even specifically mentioning dedication of time for breast feeding in their MOU or handbook).

I breast fed both my kids at work, first doing it in mid-morning and mid-afternoon, and eventually reducing it to one time, that coincided with my lunch hour. 15 minutes per instance is all I ever needed (unless there was a specific problem). That's obviously just my personal experience, but another added to the voices thinking that 15 minutes might suffice, and that, at the very least, to be supportive of your needs, she should try and take one of them on her lunch hour. I had a management job that required me to stay until the work was done, so I didn't feel too guilty about the time I took to breast feed, because I knew I'd make up for it in the end.

It is a hard thing to do, but your idea of approaching her first before approaching anyone else is such a professional, collegial and positive thing to do. You will be explaining to her the impact it has on you - and the workload; that you support her 100% which is why you both have not wanted to say anything, but you all get along so well that you felt you owed it to her to work this through as a team. It can't hurt to add that you might be in a similar situation some day and want to feel that you, too, can do it comfortably without impacting others. Hopefully, she will be 100% reasonable and be willing to modify her schedule and limit her times more than she has been doing (frankly, if I ever had had the time to be surfing the web, etc., while I was nursing, I can honestly say that I wasn't being as efficient as i could have been and therefore could've done it faster).

More recently, I had a direct report working for me that I felt was taking advantage of the situation when she breast fed. (Full disclosure: she had been a problem for me long before she even got pregnant, so the issue around her breastfeeding was one more symptom and not the problem). She would take 45 minutes, visiting with folks along the way and she would do it several times a day. She would also disappear (to go out for coffee, to take a long break walking around the neighborhood, or just for a closed door chat in a friends office down the hall) and when I or others would be looking for her, she would attribute it to breastfeeding (though she wasn't). That particularly ticked me off, as I felt that women had worked so hard for so long to win the right in the workplace that to take advantage like that risked making us all look bad. Eventually, there were discussions between me and HR about this woman's conduct, and it became absolutely clear that this was an issue my employer would never touch; it was far too controversial and they would rather let her slide. They were completely aware of what was going on, but smartly realized that there was no good outcome and no situation where they would come out looking good. So instead, they smartly told me to be patient, and to keep track of her work product. It took a while, but long after she stopped breast feeding (when it no longer would be controversial), by holding her to specific goals and milestones, I was able to take action to correct her behavior and help her to become "more effective and productive in the workplace."

I thought this might help you - only you know this person and where she falls on the spectrum. It sounds like she is not like the person in my situation, and she really is a team player.

The other thing I wanted to point out is that 6 months is the age babies start adjusting to solid food. It might take them a few more months to really get the hang of it, but this is the time of big change and in a matter of months, the baby will probably be getting most of his/her nutrition elsewhere and will not be expecting/needing as much from Mom. So I think you are probably right now at the peak and things should start getting better soon. If they don't, and she is still requiring considerable time, I would say its time for a real sit down to figure out what exactly is going on.

Good luck and please let us know how it goes - this is not an easy situation by any means!

 

[minousbijoux]

Re: This could get ugly - Question about breastfeeding and w

Oh, and a question for you - what happens if someone is legitimately ill or injured and can't come to work? What do they do then?

 

[Jennifer W]

Re: This could get ugly - Question about breastfeeding and w

What would happen if, during the 90 minutes per day that a two-person crew needs to become a one-person crew, that one person took it easy. No heavy lifting during those times, wait for the "pumper" to be back before you tackle any of that. If it's a safety requirement that two people are present then it stands to reason that one person shouldn't be expected to do a task that requires two.

Valid points. The only thing I'll say is that if the other person took it easy during the pumping breaks, we wouldn't accomplish all of our daily tasks, as our day is pretty packed. As far as the safety issue, technically she is not allowed to be taking these breaks, but we have been keeping her pumping a secret because we know it's important to her to pump, so we don't want her to get in trouble. If we waited for her and didn't finish all our work for the day, our manager would ask why and we would have to "out" her for pumping, so we have been picking up the slack to protect her. Now we are realizing that we have set a bad precedent.

I don't think you've set a bad precedent at all. I think you've done a kind, humane and appropriate thing for this lady and her child, and more widely. One day, as you say, this could be you. Bravo for doing this. Maybe you could work with the union to see if they can protect this for all of the workforce, so that this very basic human function isn't dependent on the kindness and goodwill of people like you and your coworker?

As for the time it takes her, when I tried to pump (dismal failure) it would be at least half an hour, probably longer. We're all different. She probably needs longer when her baby has a growth spurt and needs more to eat, too. It will fluctuate. It isn't easy for another person to look in and put a reasonable time limit on it.

 

[missy]

Re: This could get ugly - Question about breastfeeding and w

Hi sonny, I have not read any of the replies and am just answering based on what my sister did while she was breastfeeding her little ones. She pumped in the bathroom at work during her lunch break. I know it was not a problem at all for her at work as she did it during her time (lunch) and not work time.

She works in a relatively small business (veterinarian clinic) with not that many employees. Not sure how it would work at a big business though I would think it should be no problem. Employees should get breaks during a normal 8 hour day and should have a reasonably comfortable area where they can pump.

 

[sonnyjane]

Re: This could get ugly - Question about breastfeeding and w

Oh, and a question for you - what happens if someone is legitimately ill or injured and can't come to work? What do they do then?

If they know in advance (like with vacations), they try to arrange for someone from another department to come and cover. If its a sick day (among the three of us, there have only been 2 sick calls in the last 13 months), then nothing really gets accomplished that day. There are a few tasks that require only one person, so we will do those, just can't do much more. It's a really dismal setup. I'm glad to be working and I have a great job (I'm trying to be vague), but it means you cannot call in sick or take vacation without screwing over your co-workers.

 

[yennyfire]

Re: This could get ugly - Question about breastfeeding and w

Please let us know what you end up doing sonnyjane. I am so impressed by your positive attitude about all of this and the careful way you seem to be approaching a very sensitive subject. Your co-worker is lucky to have you on her side and any children you have in the future will have a great Mom!

 

[Logan Sapphire]

Re: This could get ugly - Question about breastfeeding and w

I'm not one to talk about length of time pumping, b/c it also took me 30 mins to empty out, even using a double pump. As someone said, pumping is so individual that you have some women who can fill up bottles to overflowing and some who pump and pump and barely get an oz. But, I know that when I was 6 months pp, I was only pumping 4 times a day (I exclusively pumped) and 2 of those were during work. That's twice in more than 12 hours. But her body might respond differently.

Also, just to help you and her, there are ways to streamline the process of pumping so that set up/clean-up/storage takes a lot less time. She doesn't need to wash her pump parts in btwn use (can stick in fridge as-is or just use a wipe to quickly dry them out and then store in pump bag) and if she uses a cooler pack, doesn't need to store her milk in the fridge either.

Good luck!

 

[Pandora II]

Re: This could get ugly - Question about breastfeeding and w

The WHO recommend that a baby should be breast-fed for at least 2 years, so another 6 months is perfectly reasonable.

Some babies are also very slow to wean - at 18 months, my daughter was still 80% breast-fed and had very little interest in solid food.

It's a really shame that you are all having to hide this. The company should have a policy in place - and be providing a suitable room and a fridge for storage.

Not only is breastmilk good for the baby, but breastfeeding - especially extended breast-feeding significantly decreases a woman's risk of breast cancer. Breastfed babies are also less likely to be ill thus resulting in the mother requiring fewer days off work.

 

[monarch64]

Re: This could get ugly - Question about breastfeeding and w

The WHO recommend that a baby should be breast-fed for at least 2 years, so another 6 months is perfectly reasonable.

Some babies are also very slow to wean - at 18 months, my daughter was still 80% breast-fed and had very little interest in solid food.

It's a really shame that you are all having to hide this. The company should have a policy in place - and be providing a suitable room and a fridge for storage.

Not only is breastmilk good for the baby, but breastfeeding - especially extended breast-feeding significantly decreases a woman's risk of breast cancer. Breastfed babies are also less likely to be ill thus resulting in the mother requiring fewer days off work.

There is the issue, Pandora. I wonder if SJ's company just hasn't dealt with the issue before and that's why there is no policy in place? That is what's happening with my employer--it's a small business and the owner has never been confronted with a situation like mine. I have to say I was so happy to read that my state's legislation allows for a lot of support for the breastfeeding woman, I didn't know exactly what to expect.

 

[sonnyjane]

Re: This could get ugly - Question about breastfeeding and w

The WHO recommend that a baby should be breast-fed for at least 2 years, so another 6 months is perfectly reasonable.

Some babies are also very slow to wean - at 18 months, my daughter was still 80% breast-fed and had very little interest in solid food.

It's a really shame that you are all having to hide this. The company should have a policy in place - and be providing a suitable room and a fridge for storage.

Not only is breastmilk good for the baby, but breastfeeding - especially extended breast-feeding significantly decreases a woman's risk of breast cancer. Breastfed babies are also less likely to be ill thus resulting in the mother requiring fewer days off work.

There is the issue, Pandora. I wonder if SJ's company just hasn't dealt with the issue before and that's why there is no policy in place? That is what's happening with my employer--it's a small business and the owner has never been confronted with a situation like mine. I have to say I was so happy to read that my state's legislation allows for a lot of support for the breastfeeding woman, I didn't know exactly what to expect.

My guess is that, as this thread illustrates, the amount of time that's required for each woman to pump varies so drastically that it would be difficult to enact hard-and-fast rules about the amount of time that can be taken, etc.

ETA: I actually have a bit of an update . My co-worker texted me that while we were planning on bringing this up on Saturday, she ended up finding the courage to bring it up to the mother today. Apparently they took their 30 minute lunch together, then swiped back into work, then the mom took an extra 10 minutes to check her personal email on company time, THEN took another 30 minutes to pump while on the clock, so it was pretty clear that she could have managed her time more wisely, so she brought it up. I guess the gist of it is that she told the mom that we need are starting to feel resentment for having to do so much work while she is pumping, and that heading into the busy spring break and summer seasons, our workload is about to increase so we need to be smart about using our time wisely and that she really needs to utilize her break time for pumping, not company time. I guess she wasn't upset, but it was also clear that she didn't realize that her pumping is inconveniencing us. I guess after talking to the mom, my co-worker actually did talk to our manager about the protocol and while I mentioned in another post that we haven't been allowed to take the two 15 minute paid breaks a day that most employees get, our manager said that she would be okay with us breaking for 15 minutes while mom is pumping to make it fair as far as distribution of labor goes, so I guess it's a win/win... I get to sit down for a few minutes twice a day, and hopefully mom can schedule her pumping for those times. The true test now is whether or not, starting tomorrow, she does indeed adhere to that schedule, but I'm glad we finally got this out in the open.

I'm still aware that it's a touchy subject and it's making me reconsider a lot of things about when I have a child. I do appreciate everyone's thoughtful advice on the issue!

 

[HollyS]

Re: This could get ugly - Question about breastfeeding and w

Unfortunately, under U.S. federal law, absolutely no restrictions can be placed upon this woman for her need (desire) to pump.

Furthermore, her employer must accomodate her need by providing not only all the time she might need, but she must have a designated private space to do this in. Not a public place, restroom, breakroom, etc.

If anyone's workplace is NOT providing such measures for the nursing mother, she can sue - - big time . . . and win big.

Another fine example of government overreach and lunacy in law making.

 

[MissStepcut]

Re: This could get ugly - Question about breastfeeding and w

Unfortunately, under U.S. federal law, absolutely no restrictions can be placed upon this woman for her need (desire) to pump.

Furthermore, her employer must accomodate her need by providing not only all the time she might need, but she must have a designated private space to do this in. Not a public place, restroom, breakroom, etc.

If anyone's workplace is NOT providing such measures for the nursing mother, she can sue - - big time . . . and win big.

Another fine example of government overreach and lunacy in law making.

Well you're dead wrong about the "winning big" thing.

You may not be awarded damages under FMLA for technical violations. You must prove actual monetary harm for the violation, which, by the way, has NEVER HAPPENED under this breast feeding provision, probably because it's probably impossible to prove actual financial damages from not getting a space to pump.

In fact, instead, a TX Federal judge has determined that termination in response to demanding breastfeeding space is not discriminatory. So, not only can you no win a single dime if your employer fails to provide space to pump, you can't even sue them if they fire you for having the audacity to ask, at least in the 5th circuit.

edited for less snark.

 

[monarch64]

Re: This could get ugly - Question about breastfeeding and w

Unfortunately, under U.S. federal law, absolutely no restrictions can be placed upon this woman for her need (desire) to pump.

Furthermore, her employer must accomodate her need by providing not only all the time she might need, but she must have a designated private space to do this in. Not a public place, restroom, breakroom, etc.

If anyone's workplace is NOT providing such measures for the nursing mother, she can sue - - big time . . . and win big.

Another fine example of government overreach and lunacy in law making.

Well you're dead wrong about the "winning big" thing. Where on earth did you hear that, Rush Limbaugh?

You may not be awarded damages under FMLA for technical violations. You must prove actual monetary harm for the violation, which, by the way, has NEVER HAPPENED under this breast feeding provision. In fact, instead, a TX Federal judge has determined that termination in response to demanding breastfeeding space is not discriminatory. So, not only can you no win a single dime if your employer fails to provide space to pump, you can't even sue them if they fire you for having the audacity to ask, at least in the 5th circuit.

Thank you so much, MissStepcut, for clarifying. Perhaps the phrase "winning big" was a leftover Charlie Sheen moment...

Holly, from what I have read on PS, I think I understand that you and your husband own a business? Have you ever employed a breastfeeding mother? Have you ever been sued by one? Just attempting to understand where you're coming from on this.

 

[MissStepcut]

Re: This could get ugly - Question about breastfeeding and w

I really do regret being so snarky in my previous reply. It totally makes sense that a person would assume that if the law protects an employee, that the employee would be able to seek some form of relief. Seems that this has turned out to be a pretty toothless law.

 

[LJL]

Re: This could get ugly - Question about breastfeeding and w

MSC - do you know if the law applies to all companies or just companies with a certain number of employees? I'm just thinking there are lots of situations where there may be a small number employees, limited space, etc - and then the company has to provide a special BF room... (think solo practitioner with a paralegal and secretary in a 2 room suite)

No opinions from me on the OP's "situation" other than that Im glad it seems to be resolved..for the moment. When I read the update I thought "Oh funny, you didnt realize your 10 minute email break was getting in the way?"

Oh - and for fun - I interviewed at a really large company today and they have a company policy that says pregnant women get a one hour nap during the workday...they had a room with cots in it any everything.

 

[sonnyjane]

Re: This could get ugly - Question about breastfeeding and w

No opinions from me on the OP's "situation" other than that Im glad it seems to be resolved..for the moment. When I read the update I thought "Oh funny, you didnt realize your 10 minute email break was getting in the way?"

Oh - and for fun - I interviewed at a really large company today and they have a company policy that says pregnant women get a one hour nap during the workday...they had a room with cots in it any everything.

Regarding the 10 minute email checking break, that's a battle for another time. I'm just glad the pumping issue seems to be on the dawn of improving and I'll save other fights for another day lol.

Regarding the hour naps, that is AWESOME! But as a currently NOT pregnant woman, I can't say I wouldn't also want to enjoy a good nap at work every so often lol!

 

[Imdanny]

Re: This could get ugly - Question about breastfeeding and w

Sonny, great update! This is where you wanted it to be- 15x2 + lunch. Please let us know how this turns out. SO and I have this discussion constantly. The owner of his company has stretched the number of workers to the bone and his workplace can't shutdown. So guess what- nobody can call in. He has to go in when he's sick or he'll loose his job. I think it's appalling.

 

[MissStepcut]

Re: This could get ugly - Question about breastfeeding and w

MSC - do you know if the law applies to all companies or just companies with a certain number of employees? I'm just thinking there are lots of situations where there may be a small number employees, limited space, etc - and then the company has to provide a special BF room... (think solo practitioner with a paralegal and secretary in a 2 room suite)

Employees with under 50 employees don't have to comply if it's an "undue hardship." Which, according to some totally unsubstantiated figure I found floating around the internet, around 45% of Americans are employed by companies with fewer than 50 employees.

 

[mary poppins]

Re: This could get ugly - Question about breastfeeding and w

Unfortunately, under U.S. federal law, absolutely no restrictions can be placed upon this woman for her need (desire) to pump.

Furthermore, her employer must accomodate her need by providing not only all the time she might need, but she must have a designated private space to do this in. Not a public place, restroom, breakroom, etc.

If anyone's workplace is NOT providing such measures for the nursing mother, she can sue - - big time . . . and win big.

Another fine example of government overreach and lunacy in law making.

Well you're dead wrong about the "winning big" thing.

You may not be awarded damages under FMLA for technical violations. You must prove actual monetary harm for the violation, which, by the way, has NEVER HAPPENED under this breast feeding provision, probably because it's probably impossible to prove actual financial damages from not getting a space to pump.

In fact, instead, a TX Federal judge has determined that termination in response to demanding breastfeeding space is not discriminatory. So, not only can you no win a single dime if your employer fails to provide space to pump, you can't even sue them if they fire you for having the audacity to ask, at least in the 5th circuit.

edited for less snark.

You may be right under FMLA (plus there is no protection for breastfeeding under Title VII of the Civil Rights Act, Americans with Disabilities Act and Pregnancy Discrimination Act) but you are dead wrong under FLSA (Fair Labor Standards Act) as amended by Patient Protection and Affordable Care Act. Here is a summary:

Section 4207 of the Patient Protection and Affordable Care Act (also known as Health Care Reform), amended the Fair Labor Standards Act (FLSA), or federal wage and hour law. The amendment requires employers to provide reasonable break time and a private, non-bathroom place for nursing mothers to express breast milk during the workday, for one year after the child’s birth. The new requirements became effective when the Affordable Care Act was signed into law on March 23, 2010. Download the text of Section 4207 only.

Here's a link for additional details: http://www.usbreastfeeding.org/Workplace/WorkplaceSupport/WorkplaceSupportinHealthCareReform/tabid/175/Default.aspx



Also, here's a link to a 50 state survey as of May 2011 which says that twenty-four states, the District of Columbia and Puerto Rico have laws related to breastfeeding in the workplace. (Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Indiana, Maine, Minnesota, Mississippi, Montana, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington and Wyoming.)

http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx

 

[MissStepcut]

Re: This could get ugly - Question about breastfeeding and w

Unfortunately, under U.S. federal law, absolutely no restrictions can be placed upon this woman for her need (desire) to pump.

Furthermore, her employer must accomodate her need by providing not only all the time she might need, but she must have a designated private space to do this in. Not a public place, restroom, breakroom, etc.

If anyone's workplace is NOT providing such measures for the nursing mother, she can sue - - big time . . . and win big.

Another fine example of government overreach and lunacy in law making.

Well you're dead wrong about the "winning big" thing.

You may not be awarded damages under FMLA for technical violations. You must prove actual monetary harm for the violation, which, by the way, has NEVER HAPPENED under this breast feeding provision, probably because it's probably impossible to prove actual financial damages from not getting a space to pump.

In fact, instead, a TX Federal judge has determined that termination in response to demanding breastfeeding space is not discriminatory. So, not only can you no win a single dime if your employer fails to provide space to pump, you can't even sue them if they fire you for having the audacity to ask, at least in the 5th circuit.

edited for less snark.

You may be right under FMLA (plus there is no protection for breastfeeding under Title VII of the Civil Rights Act, Americans with Disabilities Act and Pregnancy Discrimination Act) but you are dead wrong under FLSA (Fair Labor Standards Act) as amended by Patient Protection and Affordable Care Act. Here is a summary:

Section 4207 of the Patient Protection and Affordable Care Act (also known as Health Care Reform), amended the Fair Labor Standards Act (FLSA), or federal wage and hour law. The amendment requires employers to provide reasonable break time and a private, non-bathroom place for nursing mothers to express breast milk during the workday, for one year after the child’s birth. The new requirements became effective when the Affordable Care Act was signed into law on March 23, 2010. Download the text of Section 4207 only.

Here's a link for additional details: http://www.usbreastfeeding.org/Workplace/WorkplaceSupport/WorkplaceSupportinHealthCareReform/tabid/175/Default.aspx



Also, here's a link to a 50 state survey as of May 2011 which says that twenty-four states, the District of Columbia and Puerto Rico have laws related to breastfeeding in the workplace. (Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Indiana, Maine, Minnesota, Mississippi, Montana, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington and Wyoming.)

http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx

I am not saying there isn't a law, I am saying that when employers don't comply, employees don't have much recourse.

http://www.sustainablemothering.com/2010/05/10/curb-your-enthusiasm-about-the-new-federal-workplace-pumping-law/

 

[amc80]

Re: This could get ugly - Question about breastfeeding and w

Oh - and for fun - I interviewed at a really large company today and they have a company policy that says pregnant women get a one hour nap during the workday...they had a room with cots in it any everything.

OMG. I can't even begin to express how awesome this is.