Just found out my employer has no place?

jinx75 · August 2011

for me to pump when I return from ML?! They told me I could use the restroom. The four stall restroom that is PUBLIC and has no locks to keep people out. Yeah I want to sit on a toilet that someone has just relieved themselves on and pump milk for my newborn. Help me out doesn't the law require them to provide me a space to pump (not a restroom)? We have over 200 employees. I think I may need to call HR, this is unacceptable!

ETA: I am so angry I am about to cry!! In an office that is 98% women how can they be so behind the times?! Seriously!!!

RunSchwartzRun · August 2011

I think there is a law, but I don't know the details. My employer has a really nice nursing station, but it is in another building and is a 10+ minute walk from my office. It would take me as long to walk there and back as it will to pump. I am going to end up in the bathroom too. Sad

Good luck! Pumping in the bathroom sucks, I have been there many times.

bryanandkatrina · August 2011

That is absolutely unacceptable!

They are legally required to provide you with a private, sanitary and comfortable space in which to pump. A restroom, of any kind, does not qualify and is not safe or sanitary. I agree, I would speak with your HR rep asap!

ETA:

FEDERAL HEALTH REFORM AND NURSING MOTHERS President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, on March 23 and the Reconciliation Act of 2010, H.R. 4872, on March 30, 2010. (See the combined full text of Public Laws 111-148 and 111-152 here.) Among many provisions, Section 4207 of the law amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express milk. The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express breast milk. If these requirements impose undue hardship, an employer that employs fewer than 50 employees is not subject to these requirements. The federal requirements shall not preempt a state law that provides greater protections to employees.

hopefulelise · August 2011

I have no advice on the law, but that is unacceptable! You shouldn't have to sit on a toilet to pump!

MrsMitty08 · August 2011

There is definitely a law that requires them to provide a place. I don't know the details about how comfortable of an area it needs to be, though.

I am a teacher and my only options will be in the staff bathroom (luckily there is room to put a chair in there---but gross. Ick! ) or my storage closet.

I'll also only have my lunch break which is 20 minutes and then after school. We don't even have planning periods any more. I'm very worried about the whole situation!!

shouldbworkin · August 2011

Right now I think this is regulated by the states, so check your state's laws. Not sure when the healthcare reform goes into affect in this area. Do they seriously have no empty offices or conference rooms? I would think they would have to allow you to at least book a conference room for 2-3x a day for 20 mins at a time.

jinx75 · August 2011

We have no conference rooms on this floor. The only empty office is being borrowed by a member of management from another dept. I'm not sure what kind of space they have on the 3rd flr (I'm on the 2nd). This is stressing me out.

jkfranklin · August 2011

I agree with pp, check with HR. It's the law! They need to accommodate you. Maybe the ladies on the BF board would have more tips/ideas for you.

RunSchwartzRun · August 2011

You should really call HR. It is up to them to find a place. They don't have to make it super convenient though unfortunately.

jinx75 · August 2011

RunSchwartzRun:
You should really call HR. It is up to them to find a place. They don't have to make it super convenient though unfortunately.

I just emailed my HR rep. It's sad that in a company full of women management is looking at me like I have two heads when I ask this question...and they're women too!! Oh well I'll just wait for HR to reply and go from there.

Mom2Cinderella · August 2011

I don't think my place of employment has any specific areas designated as "nursing stations" and I work in a state government building. I don't know exactly what the law entails. But do you have any empty offices that could be used? We have a ton of empty offices with doors but no locks. I am planning on staying out for 12 weeks after baby is born and attempt breastfeeding and I will be glad if she bf for that long. If I attempt to pump, I am going to have to go in the office and put a do not disturb sign on the outside of the door!

Mom2Cinderella · August 2011

And I may get flamed a little, but I don't think employers should be required to provide special rooms for pumping. I am all for women breastfeeding their children because I think it is the best option healthwise for the baby, but I don't think it's the employer's responsibility to accommodate our personal needs unless it is a disability and needs to comply with the ADA. I think it's a perk if the company provides a special room for nursing, just like some companies have daycares on the premises. I think they should be required to allow a woman to pump if she needs to and can't say "No you're not allowed" , but shouldn't have to go out of their way to build a room with a couch and a lock, etc. We have the women's movement and we want fair and equal treatment, but then we want companies to build us special accommodations too. Just my opinion.

Izabella22 · August 2011

My work had to put one in due to the law, we only have about 60 employees but they needed to put in a space. I like the idea of maybe suggesting an empty office space for pumping, and perhaps ask that they install a lock, locks aren't that expensive. I hope your HR works with you.

jinx75 · August 2011

The federal law states that the employer must provide a place that is free from intrusion from coworkers and the public. They do not have to provide a permanent lactation room, it could be a closet with a lock on the door. It just cannot be a bathroom (the law specfically states this). I'm not asking them to build me a special room, I just don't want to sit on a dirty toilet in a public bathroom stall and pump milk.

ETA: The only empty office in our dept is about to be occuppied by another manager from another dept. I am hoping HR can find me something on the 3rd floor. Like I said I'll sit in a closet as long as it's private.

MrsAtch · August 2011

It is required by law in all states I believe. I know that my employer has a conference room dedicated to pumping mothers.

iluvmylab · August 2011

Mom2Cinderella:
And I may get flamed a little, but I don't think employers should be required to provide special rooms for pumping. I am all for women breastfeeding their children because I think it is the best option healthwise for the baby, but I don't think it's the employer's responsibility to accommodate our personal needs unless it is a disability and needs to comply with the ADA. I think it's a perk if the company provides a special room for nursing, just like some companies have daycares on the premises. I think they should be required to allow a woman to pump if she needs to and can't say "No you're not allowed" , but shouldn't have to go out of their way to build a room with a couch and a lock, etc. We have the women's movement and we want fair and equal treatment, but then we want companies to build us special accommodations too. Just my opinion.

When men can express milk for baby from their breasts, I will be happy to let them have a place to do so.

Breastfed babies get sick less which equals mom at work more. It's a win-win.

kelliandjustin · August 2011

My work is like this as well where they don't really have somewhere to pump. In the past, if you're in a cube, they've suggested you either try to find an open office (which have no locks so you have to put your chair in front of the door) or they have a tiny little hallway room which half of the building prints to the printer sitting in there that has a chair we can sit in. But then people are printing stuff and wanting to get it while you're in there doing your business!! It's stupid!! Luckily I have an office so will be able to close the door and just use that however it doesnt have a lock so I'll have to sit in front of the door. It's frustrating how un-accomodating some places can be.

VeilSdeGTO · August 2011

MrsMitty08:
There is definitely a law that requires them to provide a place. I don't know the details about how comfortable of an area it needs to be, though.
I am a teacher and my only options will be in the staff bathroom (luckily there is room to put a chair in there---but gross. ) or my storage closet.
I'll also only have my lunch break which is 20 minutes and then after school. We don't even have planning periods any more. I'm very worried about the whole situation!!

This is me exactly.

lauralew · August 2011

Everyone has an office with a lock where I work (there's only about 18 employees). However, I have French doors with just sheer curtains for privacy...and my office is right off our lobby, and there are always people by my door (a lot of times little kids want to come in my office). So either I'm going to have to work out pumping in other rooms here (there are plenty of rooms with locks) or I'm going to have to get some opaque curtains for my doors.

JenWhite123 · August 2011

Mom2Cinderella:
And I may get flamed a little, but I don't think employers should be required to provide special rooms for pumping. I am all for women breastfeeding their children because I think it is the best option healthwise for the baby, but I don't think it's the employer's responsibility to accommodate our personal needs unless it is a disability and needs to comply with the ADA. I think it's a perk if the company provides a special room for nursing, just like some companies have daycares on the premises. I think they should be required to allow a woman to pump if she needs to and can't say "No you're not allowed" , but shouldn't have to go out of their way to build a room with a couch and a lock, etc. We have the women's movement and we want fair and equal treatment, but then we want companies to build us special accommodations too. Just my opinion.

I couldn't disagree with you more.... My background is chemical engineering - I spent my entire career in manufacturing. I worked at places where the bathrooms were so NASTY that you didn't even want to use the bathroom in there. One of the bathrooms was overrun with cockroaches. Definitely not a place to pump. Women should be entitled to a sanitary and comfortable environment to pump.

authorofdreamz · August 2011

My work is the same which has led me to the decision that I will only breastfeed until I go back to work.

ravenorchid · August 2011

It might be a state law, but I am positive that there is a law that requires places of employment to provide a place to pump, specifically other than the restroom. I would definitely talk to HR, because that really is unacceptable.

Eris-Alexis · August 2011

I would check with HR and make sure that you reference the law that BryanandKatrina pointed out. I have found that as soon as you show you have done your research and know what your rights are, people back down. Especially if they are in the wrong.

Mom2Cinderella · August 2011

JenWhite123:
Mom2Cinderella:
And I may get flamed a little, but I don't think employers should be required to provide special rooms for pumping. I am all for women breastfeeding their children because I think it is the best option healthwise for the baby, but I don't think it's the employer's responsibility to accommodate our personal needs unless it is a disability and needs to comply with the ADA. I think it's a perk if the company provides a special room for nursing, just like some companies have daycares on the premises. I think they should be required to allow a woman to pump if she needs to and can't say "No you're not allowed" , but shouldn't have to go out of their way to build a room with a couch and a lock, etc. We have the women's movement and we want fair and equal treatment, but then we want companies to build us special accommodations too. Just my opinion.

I couldn't disagree with you more.... My background is chemical engineering - I spent my entire career in manufacturing. I worked at places where the bathrooms were so NASTY that you didn't even want to use the bathroom in there. One of the bathrooms was overrun with cockroaches. Definitely not a place to pump. Women should be entitled to a sanitary and comfortable environment to pump.

I agree I wouldn't want to pump in a bathroom that is nasty. I just think that as I'm planning what I'm going to do as far as daycare, breastfeeding vs formula feeding, etc I look at what my situation is and what works best for me. I fortunately work in a place where I could easily have access to an office to pump during the day, but I don't know that I want to lug my pump with me and worry about storing it etc. I also feel uncomfortable at the thought of having my boob attached to a pump while I'm in close proximity to coworkers. That is why I'm leaning towards switching to formula when I go back to work when she is 3 months old. I understand others may have no problem pumping in a closed office and want to breastfeed for a year or longer. But I think it is unfair of government to mandate that a company has to provide a space specifically for pumping. If like Jinx said she doesn't care if she has to go into a closet with a chair, that is a completely understandable request and her company should make every effort to accommodate her. I just think this is one of those areas that is a personal choice to breastfeed while being a working mom and the government shouldn't be involved.

akleczyn · August 2011

bryanandkatrina:
That is absolutely unacceptable!
They are legally required to provide you with a private, sanitary and comfortable space in which to pump. A restroom, of any kind, does not qualify and is not safe or sanitary. I agree, I would speak with your HR rep asap!
ETA:
FEDERAL HEALTH REFORM AND NURSING MOTHERS

President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, on March 23 and the Reconciliation Act of 2010, H.R. 4872, on March 30, 2010. (See the combined full text of Public Laws 111-148 and 111-152 here.) Among many provisions, Section 4207 of the law amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express milk. The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express breast milk. If these requirements impose undue hardship, an employer that employs fewer than 50 employees is not subject to these requirements. The federal requirements shall not preempt a state law that provides greater protections to employees.

In addition to this, I do believe that Title IX gives requirements regarding providing a space for breastfeeding. Check out this website for your specific state requirements. Don't be afraid to be armed with info if necessary - if they are enummerated by the state as your rights, then it's not being over the top:

https://www.ncsl.org/default.aspx?tabid=14389

amos2006 · August 2011

If for some reason you don't get anywhere with your HR dept, you may consider contacting your local La Leche organization. I'd bet they would be able to help.

opallover · August 2011

I haven't read through all the responses but I'm pretty sure there is a law about this.

check out www.kellymom.com I think there is some links to laws about bfing/pumping on there.

cvillecouple · August 2011

amos2006:
If for some reason you don't get anywhere with your HR dept, you may consider contacting your local La Leche organization. I'd bet they would be able to help.

My thoughts exactly. Except, I wouldn't wait until HR fails. I'd contact them asap, and perhaps a local lactation consultant as well. Luckily, your employer will have a lot of time to get this fixed. And they will get this fixed, after all, as has been said tonight, no matter what your opinion is on the matter, it is the law!

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