Breast pumping at work discrimination

Celina - posted on 06/01/2011 ( 24 moms have responded )

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I Work for the of Ca as a correctional officer and have for the last 4 years I just went back to work and am breast feed

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ing. I work I'm having to pump in a rest room that is not even near my work area and have to burn my own time to do so. I already went up the chain of command and can't get accommodate. can someone help me.

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Sarah - posted on 11/07/2011

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here in Canada your employer has to provide you with a private place to pump and it does not come out of your breaks, it is on paid time.

Melissa - posted on 10/08/2011

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I don't know of any job that will give paid breaks for pumping milk. It's really the same as any other reason one might have to take breaks from work, and I don't know of any that are paid. I could be wrong, but realistically speaking it's business.

Carly - posted on 06/06/2011

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I agree, if your state laws clearly say it should not be a restroom, fight them!! I didn't realize you were sitting on a toilet in a bathroom stall of a multi-stall bathroom. Screw that!
You know who to call? LaLeche League. They will spring into action and have the resources and volunteer lawyers to take this on. I think it's LLL.org?

Carol - posted on 06/06/2011

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Definately check out the work laws there I think it is ashame if you are discriminated against just because you have chosen to breast feed your baby, In my opinion if you pump the milk in a restroom away from your work and on your break times then there should be nothing wrong with you getting an accomendation. Hope eveerything goes good for you, and if the laws are on your side sue the HECK out of the Department of Corrections if you win it will not only be a victory for you but for other women who come after you.

Heather - posted on 06/06/2011

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Provide your employer with a copy of Obama's healthcare policy regarding breastfeeding at work. If your employer employs over 50 people, they are required to provide a lactation room for their employee's. The lactation room can not be a broom closet either, it has strict guidelines that are to be followed.

Celina - posted on 06/06/2011

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They Say I'm in compliance beacuse the toilet has a door and my union and legal rep is backing them.

Amy - posted on 06/05/2011

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I know here they have to provide you a private room with a lock on the door and it can NOT be a bathroom. I would look into the laws in CA.

Celina - posted on 06/05/2011

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I tried my HR first they are not there for me they are there for the administration, no help. I filed a complain with cal osha. I am going to file a complain with EEOC. I also plan on filing a grievence at my work. And plan on calling the news. And if I have to get lawyer I will, I will not give up.

[deleted account]

Yep. I'm an HR rep. It is illegal to require you to pump in the toilet. Contact the EEOC if all else fails. Start with the HR department of your organization.

Elena - posted on 06/05/2011

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Wow. Honestly, try the EEOC. It looks to me as if they are violating state law by making you pump in the potty. Get a lawyer, or, again, contact the EEOC. They should help you out!

Celina - posted on 06/05/2011

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I'm Pumping got my 3 month old. I got done pumping for my 2 year a year and a half ago with no issues. And I pump 2 times in a 8 hour shift.

Serene - posted on 06/04/2011

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I had to do the same thing when i worked in Childcare for 4 years. I thought that it was child appropriate place that they would incourage me to pump but, I was sent into a bathroom to pump also and I had to clock out, I lost alot of hours because of it. So I started pumping on my lunchbreak and when I got home.

Cathy - posted on 06/04/2011

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I live in CA and our company provides a "mommy room" with a mini fridge in which nursing mothers can pump in private and relative comfort for pumping and store expressed breast milk.

Carly - posted on 06/04/2011

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Wow, go CA I'm jealous.
I used to drag a chair into our private employee bathroom to pump.

Celina - posted on 06/04/2011

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I have read the ca labor laws and do to the fact that I work straight 8 hour shifts with no lunch breaks or breaks. We eat and take breaks when can and have down time. And thats why they say I have to burn my time. I do it during our down time and never had to burn my time before. I have a 2 year old I breastfed. Also I feel I shouldn't have to burn my time beacuse we have a food truck that come every monday through friday everyone goes and gets food from and dont have to sign in and out tio do so. We also have officer s that take 10 to 20 min in the restroom reliving there bodily fluids and dont gave to burn there time so why should I. They said beacuse the toilet has a separate door it masks it ok and in compliance. The last time I went in there to try to pumpit smelled like poo there was pee on the floor toilet paper and it was just nasty. With my last baby I would pump where I worked in one of the offices so if somthing did happen I could respond.

Viki - posted on 06/04/2011

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YES, you should get a break for breastfeeding, according to CA labor code 1030. Accordin to Ca labor code 1031 you should have a room, other than a toilet stall to express your milk. Look up the labor laws 1030 to 1033.

Lactation Accommodation for all California employees
http://www.leginfo.ca.gov/cgi-bin/displa...
California Labor Code § 1030-1033.
2002: Chapter 3.8, Section 1030, Part 3 of Division 2 of the Labor Code

1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.
1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.
1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.
1033. (a) An employer who violates any provision of this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.
(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

[deleted account]

For the year that I breastfed I had to pump in the bathroom on my meal break and then on my two tens. My boss hated that I pumped at work, but I didn't take extra/long breaks and I didn't do it in public, so there was nothing they could do about it. It blows, but sometimes you gotta do what you gotta do.

Carly - posted on 06/03/2011

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They can't say you can't pump but also don't have to provide you with accomodations to pump or extra time to do so. I was a "float" and sometimes had to pump in my car. Thank god I have a minivan and could sit in the back and hang clothes in front of the windows so no one could see me but it sucked!

[deleted account]

That's a great link you provided Meredith! So to the original poster-your employer must allow yo uto pumo on-site. But that does not mean you are entitled to an extra break to pump. Sorry.

[deleted account]

You should NOT have to pump in the restroom! Your immediate supervisor needs to be more proactive in finiding you a different space to pump. Now, when you say "burn your own time", I'm not sure what you mean by that. You are entitled to a meal break and possibly even a short break. You need to pump during those meal or break times. Are you implying you want ANOTHER break so you can pump? Well, IMO that's not fair in teh least bit since non-pumping employees aren;t getting an additional break. Also, if you are getting an additional break to pump, that may possibly put an added burden and stress on your co-workers. In all honesty, your body WILL regulate to a pumping schedule. It may be uncomfortable for a bit, but I promise you your body will get used to the times. For example, when I went back into the classroom, there were specific times I had breaks to pump. I certainly couldn't waltz out of my 3rd period class to pump! And I would never ask a co-worker to cover my classes daily on THEIR prep time so I could pump. My body just adjusted.

I truly do hope you do get an opportunity to pump in a more hygenic setting.

Adrienne - posted on 06/02/2011

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Check the employment laws in CA. I know that here in OR, employers are required by state law to provide not only a 30minute paid break to pump, but a private and clean place to do so. Our state employment laws are usually pretty similar, so check it out.

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