Boss giving me a hard time about Pumping

Cheryl - posted on 05/02/2010 ( 7 moms have responded )

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I work at a restaurant as a server where we are not given breaks regardless of how many hours we work. I usually only work during the dinner hour so I just pump when I get home at the end of the night. Starting this Sunday (Mother's Day no less!), we are opening at noon and I am required to be there the entire day (probably until at least 10 pm). I've stated that I will need a break if he wants me there that long and he asked me how old my baby was - sounded like he was implying that I had used breastfeeding as an excuse long enough! I haven't received an answer yet as to whether I will be forced to work the long shift. Has anyone ever had this problem and if so, what did you do? I checked the law in PA and there isn't any requiring an employer to allow you to pump.

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Jamie - posted on 05/03/2010

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Tell your boss it's a FEDERAL law, you must be given reasonable breaks to pump. Regardless of whether or not PA has codified the law like other states have, it is still a federal law he must follow and you are protected by. He cannot deny your pumping breaks (and as it is, breaks are also federally mandated during a typical shift) you could sue if he doesn't give you what you need.

April - posted on 05/03/2010

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your boss didn't flat out tell you no. that sounds to me like he is willing to work with you. i would just be honest with him. tell him it could end up being embarassing for customers if you start leaking everywhere.

Cheryl - posted on 05/03/2010

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Thanks for your help ladies. I didn't find any laws in PA either. It's a chain restaurant and no - we don't get breaks at all to eat or anything. I'm sure if I push the issue, he'll let me pump but I'm afraid this will be what makes me lose my job since I won't be seen as working as hard as the other servers.

Shana - posted on 05/02/2010

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I hate to say it, but I have found in my quick searches that PA has ABSOLUTELY NO law about an Employer giving breaks. NONE. Unless it's company policy to give breaks (you really need to check, unless it's a small family owned type business, but if it's something like apple bees or perkins I would do some hard core digging.)

And with that The Obama signing says that if the company hires less than fifty people they are exempt from the breastfeeding law, so even though it's completely vile and detestable her employer may be within his rights, and if he is within his rights, I think you should get in contact with some lawyers, or an LLL leader and you should try and get it changed to where a nursing mother is allowed sufficient feeding/pumping time for the health and well being of her child!!

That or you could just get engorged and start leaking everywhere and make a spectacle of yourself, which he probably wouldn't want on Mother's Day! But it may be the only way to get his attention on the issue....

Tanya - posted on 05/02/2010

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President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, on March 23rd and the Reconciliation Act of 2010, H.R. 4872, on March 30, 2010. Among many provisions, the law amends the Fair Labor Standards Act 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 less than 50 employees is not subject to these requirements. Furthermore, these requirements shall not preempt a state law that provides greater protections to employees.

http://www.ncsl.org/issuesresearch/healt...
Tell him its the law!

Etta - posted on 05/02/2010

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If you work a certain number of hours, you're employer is required to allow you to take breaks. I think it's one 10-15 min. break for every 4 hours of work (at least that's what it is in CA).

I just googled "how many work breaks are required by law" and got what looks like a good site that mentions some federal provisions for employees that need to pump. http://employeeissues.com/breaks_meals.h...



Hope this helps.

Amy - posted on 05/02/2010

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If its more then an 8 hr day then I would check the PA laws on breaks. That is all I can say. Do you not even get a break to eat?

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