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October 2015 Moms
bucher1s
member
Pumping in the bathroom....wth
bucher1s
member
I work at a nursing home as a physical therapist. My boss just informed me I'd be pumping in the restroom once I return to work. Am I high maintenance or is that gross to anyone else?
Re: Pumping in the bathroom....wth
ETA: How many employees does your workplace have? I just did some googling and realized this law only applies to organizations that employ 50 or more people.
Yeah definitely bring it up, you shouldn't have to sit in the bathroom.
Section 7(r) of the Fair Labor Standards Act – Break Time for Nursing Mothers Provision
Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(r)(1)
An employer shall provide—
a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and
a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
(2)
An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
(3)
An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
https://breastfeedinglaw.com/federal-law/
Eta: I would print out at least one of these and just give it to your boss and say that you spoke with your doctor and they said pumping in a bathroom isn't sanitary for your child's food and that you needed a different space and that she mentioned this federal law. Kinda throw your doc under the bus as dictating the situation. Unless you are comfortable just being all, "no. That's dirty and ridiculous and I will not handle my infant's food in a bathroom." Then I say do that! Cause pumping in a bathroom IS dirty and ridiculous.
If they try to talk you out of it or deny you a private space, please get a lawyer. I actually know two people that received pretty large settlements because of issues very similar to what you mentioned.
Definitely talk to your boss after reviewing the law, because they SHOULD accommadate you, even if technically the law doesn't apply (and in my case, it would've been too much of a "hardship" to my employer to allow me other accommodations, but if they'd tried to deny me time to pump . . .)
Obviously, start with asking nicely and pointing your bosses in the directions of the law. Politely suggest acceptable alternatives, etc. But the law is definitely on your side. If you feel like you are going to be getting push back about it, document every conversation you have about it!
Chances are you are not the first and will not be the last breastfeeding/pumping mom working for them. Lots of times I think people aren't purposely trying to be difficult, they just don't know the laws, or haven't really thought much about how unsanitary and unacceptable it is to be pumping in the bathroom.