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Pumping Laws

lachulavistalachulavista member
in Upstate NY Babies

Ok,

I was wondering if any of you ladies have any knowledge of New York State Breastfeeding/Pumping Law? I work anywhere from 8:30 AM till about 7:00PM. Monday through Saturday. I am usually at work at least 10 minutes prior to work and at least 10 minutes after work. I rarely clock out for lunch and sometimes when I do I still work. I pump 4 times at work. 9:30,12:30,3:30,6:30. My boss told me that I have to clock out and then clock back in everytime I pump. Is it true that if you work at least 8 hours you get two 15 minutes and then your 30 minute lunch? It seems like my boss is more upset because he is lazy and when I am not available he would actually have to work.wwyd in my situation. Any advice would be greatly appreciated. Thanks

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Re: Pumping Laws

  • jewelsonujewelsonu

    you are correct. you get 2 fifteens and a 30 minute lunch.  If we had someone work that long I would give 2 30 minute lunches and a fifteen.

    I am almost 100% positive that you don't have to clock out to pump.  

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  • jnk062602jnk062602

    If you are an hourly associate, it is my understanding that the employer has to allow you to pump at the times that you need (so if it is 4 times a day, that is fine), but they do not have to pay you for them.  But you are allowed to line up those times with your paid (the 2 15-minute breaks) and unpaid (30 min lunch) times.  So in your case, if you pump twice during your 2 paid breaks and 1 time during your unpaid lunch, you would only have to punch out one additional time to get that 4th pump in.

    As far as wwId?  I would call up the local lactation office or la leche league or whatever and find out exactly what the rules are and how they recommend I proceed.  The # at Strong is 585-275-9575, and they should at least be able to answer your questions or get you in contact with someone who can.  I would not allow my boss to dictate my pumping success.  Pumping is hard enough to have work not following the laws that are already in place.  Good luck!

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  • jnk062602jnk062602
    Ya, and I think also that if you work before 11am until after 7pm, you get 2 30-minute unpaid lunches.  But I don't know if that is just my job covering their butts to avoid lawsuits, or if that is a NY state law. Also, making hourly associates miss lunches or work off the clock is a huge violation for hourly associates where I work, but again I am not sure that that is just past lawsuits or actual NY state law.
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  • MelissaSue81MelissaSue81 member
    I am not sure about the actual laws for breaks.. I think what the others have said is true (but at my work we don't get those). However i'm pretty sure the actual pumping laws don't say anything about not having to clock out for them. I'm pretty sure they say that they do NOT have to pay you for the time you pump... so it would make sense that they make you clock out for them.
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  • jnk062602jnk062602

    imageMelissaSue81:
    I am not sure about the actual laws for breaks.. I think what the others have said is true (but at my work we don't get those). However i'm pretty sure the actual pumping laws don't say anything about not having to clock out for them. I'm pretty sure they say that they do NOT have to pay you for the time you pump... so it would make sense that they make you clock out for them.

    Yes, but for the 2 paid 15 minute breaks she gets, she could pump during those and not punch out.  The 3rd pump she could do during her lunch when she is already punched out.  And the 4th she would have to punch out for.

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  • lachulavistalachulavista member
    imagejnk062602:

    imageMelissaSue81:
    I am not sure about the actual laws for breaks.. I think what the others have said is true (but at my work we don't get those). However i'm pretty sure the actual pumping laws don't say anything about not having to clock out for them. I'm pretty sure they say that they do NOT have to pay you for the time you pump... so it would make sense that they make you clock out for them.

    Yes, but for the 2 paid 15 minute breaks she gets, she could pump during those and not punch out.  The 3rd pump she could do during her lunch when she is already punched out.  And the 4th she would have to punch out for.

    Thanks ladies I appreciate the feedback. I will continue to use my 2 15 minute breaks to pump and clock out for my lunch and pump at that time and if I decide to pump a fourth time I will clock out. Thanks again ladies :)

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