Pumping Laws (Long and Complicated) **UPDATE**

asarem93

**Update**
My store manager spoke to my district manager and he said that I don't need to worry about it. It will be taken care of by the time I get back, and he is getting the floor plan from the new store. It sounds like he wants to do a small nursing room! I'm excited. Now hopefully pumping works for me and this wasn't all for nothing.

Sorry for back to back posts.
So I am in a complicated situation. I work for a finance company inside a large furniture store. While I am on maternity leave we will be moving to a new building. I have been talking to my manager and the store manager of the furniture store about the law stating they have to provide an area, other than a bathroom, for me to pump. The store manager says it's not the company's responsibility because they do not employ me, but the construction of the new building is not the responsibility of my company. I am only one of two female workers in the store so I am worried they will not find it important enough to provide a space for me, but it's the law.
I'm trying not to stress myself out about this because it's not my responsibility to figue out what they need to do, but it is stressful.
What can I do if they decide not to do anything about this?

Short Version: My company might not be able/willing to provide a space, other than a bathroom, to pump breastmilk, even though it is the law. What do I do if they don't?

Emerald27

Does your company have an HR department, or someone else who would be appropriate to approach about this? Sometimes talking to the manager is not the way to go. 

They are legally required to provide a space for you to pump that is private, that locks from the inside, and that is not a restroom. It doesn't have to be a "nursing mothers" room per se (it can be an empty office or some other space), but a space needs to be available to you when you need it and for as long as you need it every day you're at work. If the manager is the only person you can really discuss this with, I might bring a copy of the pumping law with you to talk to him, show him what you want and ask him who you should speak with about it. 

asarem93

My company's HR is out of state. The furniture company's is in the building because we are currently in the corporate office. Unfortunately, I don't feel like I can go to the company's HR because I don't work for them. I have brought copies of the law. My manager is really understanding and trying to get it taken care of for me, but I think it makes the other manager uncomfortable. He specifically said I couldn't do it in his office, which may be the only private office in the new building. He's a nice guy, but doesn't know how to deal with it.
My manager is going to talk with our district manager on Tuesday. I'm just worried I'm going to come back to work and it won't be taken care of.
If we weren't changing stores this wouldn't be a problem, but everything is kinda hectic because of the move. I'm worried it will get overlooked.

CNJ4EVA

I had the same situation when I went back to work after having my DD. Our office is one big space with cubicles. There was literally no place for me to pump other than a community bathroom (3 stalls) that several units in the building use. People came in and out, in and out, in and out, while I pumped and it sucked. I could have complained and I'm sure my employer would have gotten fined or something, but what good would that do me? It's not that they won't b provide me with private space, the issue is there IS no private place. So I dealt with it and will again this time, even though I loathed every second of pumping in that bathroom. Good luck to you!

AmandaJean12

I don't have it on me, but there is a toll free number you can call that basically reports an issue to the local labor department wage and hour office.

I know the space can just be a storage space, or something to that effect, otherwise the manager has to give you access to his office. He doesn't have a choice if there's legit no other space.

You really have to wait until you're back to work, because they don't have to provide space until it's needed. Then I'd file the complaint.

golfingdarwinfish

To add to PP's advice; I would take this up with your corporate HR; technically if you are only a consultant to the furniture store, I'm not sure if it's their obligation, or your company's obligation to work with the store or to find a new placement for you if there is no area available for you to pump.  I know that when I bring in consultants one of the pieces of the MSA is that ultimately their organization is responsible for A-Z, and I'm not sure where that would fall in terms of our responsibility to an employee that is not on our payroll.

asarem93

Yeah I told them I honestly don't care if it's a broom closet with a chair plug in it.
So hopefully something gets taken care of. I will look up the numbers to report them if it isn't.

tucker1384

My work is currently providing a room for pumping on our floor (I work at a large hopsital) however they are getting rid of the room.

 I can walk over to maternity (this takes atleast 8 minutes) w/ 2 elevator rides (not including set up time) so Every time I pump it will be minimum half hour deal... Not sure how this will pan out.

slsl509

@tucker1384 - Richland? I used to work there.

I share an office with my boss. With my last baby, our hospital didn't have a lactation room so I would scrounge up a spare L&D room or on-call room. When I got tired of that noise, I just kicked my boss out of our office. I think he did get a little annoyed, but you know what? walking around looking for an empty room is annoying too so I didn't care.

It just sucks that we have to feel like we are an inconvenience.

Justabean3

So first we will assume pumping works for you and I hope out all goes well but because it doesn't for everyone don't stress yourself out about it until you come back

Keep the issue at the forefront now with reminders to them but don't get worked up until it's a true issue. 1. They could find an option and it will work out 2. You may end up not pumping for whatever reason applies here

Id just go to Hr, it takes you out of the middle

BBBrady

If all else fails, I actually preferred pumping in my car. I felt like it was less exposure to outside germs, it was private (I have tinted windows) and I felt much more relaxed. I sat in the backseat and I never had to lug my pumping stuff anywhere. I would turn the car on, listen to music. I realize that it's totally not ideal, and totally not okay for your employer to screw you out of space, but just a thought.

MsMacual

Ugh- I hope you are able to work something out.  There definitely are loop holes in the law and it sounds like you might be falling into one of the (i.e. employed as an independent contractor, employed by a company with fewer than 50 employees, etc).  I would talk to the HR person for whomever you work for just to see what your options are as s/he would be the most versed in the ACA and how it relates to your employer.  

From a personal perspective- I did have a private space to pump in when I returned to work after my first, but there was one room and several pumping moms so it wasn't always available when I was able to take a quick break to pump.  I carried a nursing cover in my pump bag and pumped at my desk (in a cube!).  It wasn't the most ideal, but it actually worked fine.  I made my neighbors aware that I might do that from time to time so they knew what the sound was.  I felt more comfortable pumping at my desk than in a bathroom- even though our office had a single user bathroom.  

Good luck!  I hope that you are able to work something out with your employer!

bennikki

Yes, if you are a company of more than 50 employees, they have to provide you a space other than a bathroom to pump.  I'm lucky that my office is private already, so I just have to shut my door, but many of my friends were simply provided a storage room or utility room of some sort to pump in, and their employers were in full compliance with the law.  

It might help once you're on maternity leave, and you start to see some sort of nursing pattern emerge, you could contact your employer with a pumping schedule before you return.  I was able to tell mine once I started back that I'd need to pump at 9 am, noon (which I did on my lunch break), and 3 pm.  They appreciated knowing when I would be unavailable.  Maybe if they had a known schedule, they'd be able to accommodate better?  Just a suggestion.

asarem93

Sorry everyone I was MIA last night. I work for a very large national financing company in a National furniture company. There are WAY more than 50 employees. I understand pumping may not work out, but I want to make sure they know before I come back because I am very hopeful that it will.
@bennikki‌ I like the idea of talking them.my schedule. And I really don't care if it's just a broom closet. Im not expecting a special room when it's just me.

AmandaJean12

And btw... Just because i can't let it go, you do have rights if your company is under 50 people. They then have to prove undue hardship to get out of it, and that's a decently high bar. So dont think a smaller employer can jerk you around for no reason.

asarem93

Thanks everybody, y'all have been a big help. My manager having a meeting about my performance with my district manager today and he's going to bring it up. My district manager is very much a no nonsense kind of guy, and has been very supportive of my pregnancy, so I'm sure he well get something taken care of. He has a close relationship with the big wigs of the furniture company so we will see. I will post am update when I have one