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"Federal law requires employers 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 the milk (Section 7 of the FLSA). Employers are also required to provide 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."Section 15(a)(3) of the FLSA states that it is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”Employees are protected regardless of whether the complaint is made orally or in writing. Complaints made to the Wage and Hour Division are protected, and most courts have ruled that internal complaints to an employer are also protected.
No place for me to pump at work
I work for part time in a retail store that’s part of a very large nationwide corporation. It’s a really common store, there’s like 7 within 30 minutes of my home. I’m a new mom and I breastfeed my child because he’s only 4 months and won’t take formula. I just started this job a little over a month ago, but when I started I asked if there was a room I could use to pump. The store’s HR rep told me we have no such room and I could pump in the handicap stall in the women’s bathroom. I wasn’t thrilled about it but I have to do what I have to do so that’s where I’ve been going. But now some of my female coworkers have realized that that’s what I’m doing in there and are absolutely outraged. Talking about all sorts of discrimination and unsanitary and undignified and unlawful and I sort of agree but I don’t like to make a stink about things. They say that I should be allowed to borrow someone’s office but I don’t like to remove people from their private space and the work they have to do.
I’m tempted to contact the corporate HR to request that a mother’s room be added to the store but I don’t know that they would do that for just one mom, and I don’t want to get in trouble for “going over someone’s head.” I’m just not really comfortable talking to my male store manager or my male head cashier or male operations manager about it. Not that I haven’t, because pumping requires an extended break, but it’s been uncomfortable for me. Frankly I don’t really like talking about it to many of my female coworkers either because most of them have not had children and many of them are grossed out by that.
I just don’t know what to do, or what my legal rights are. Does anyone have any legal knowledge or just social advice? I’m in GA, USA if that helps
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Je
You just need a room that doesn't have a camera. It really doesn't matter what room it is as long as it is private and you can use it when you need
Ab
So, in layman’s terms they have to provide a private room that’s not a bathroom, can that be an office or can I say I need a mother’s room because offices are typically in use?
The BATHROOM??? That's absolutely disgusting. When I pumped in my office it was like 20mins if that. I would get about 2 8oz bottles worth. And I did it twice a day so that my baby had atleast 4 bottles for the next day while I was working. The thought of pumping in the bathroom makes me angry. Someone can lend you a damn office for a little tiny piece of their day.
You have a complaint/lawsuit. A large corporation is VERY aware of these HR laws. If they dont design their facilities to accomodate per the law (which has been the law for many years, not new) thats the risk they decided to take. Absolutely pursue it. With your boss, you can say that you understand it is not his fault at all, its really an HR issue, but I think he should be aware that you are turning to HR because they will obviously tell him anyway.
Al
If you are scared of any reprisals document EVERYTHING. If they discriminate you will have the evidence to back you up.
Ab
Ok, thank you. My biggest concern is I just want my needs and more importantly my baby’s needs to be met without anyone getting in trouble. There’s enough problems in the world today. My only other concern is unfortunately my husband and I work at the same place and I fear that the SM will be angry with me and take it out on my husband. The same thing has happened more than once but for some reason the only places that will hire either one of us is the ones that the other already works there.
Is it possible for you to go home to pump? Do you live close ?
Ab
Live*
Ab
I love 20 minutes away from work and I already had to ask for permission to take longer than the 15 minutes that they give us
Granted we get that every 2 hours but yeah it takes long enough just to walk from the front to the back of the store
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