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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Pumping at Work - law
Hi ladies! I just returned to work and trying to pump to supply for my ebf 3m baby girl. is anyone familiar with the law regarding pumping at work? i work for a very small company and let them know before returning of my intent to pump. they refused to put up blinds in my office and said to use the supply room...which is over crowded as is and doesnt have room for a chair near an outlet. i've been using the cold bathroom. so upset and not sure how to proceed :(
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Posted 1/2/13 11:14 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
readyforbaby
LIF Toddler
Member since 5/11 395 total posts
Name:
DW
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Re: Pumping at Work - law
http://www.labor.ny.gov/workerprotection/laborstandards/pdfs/guidelinesexpressionofbreastmilkfinal.pdf
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| Posted 1/2/13 11:17 AM |
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wo0shply
LIF Adult
Member since 11/08 2702 total posts
Name:
Tass
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Re: Pumping at Work - law
here is the law link
maybe you can buy blinds and the can install them for you?
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| Posted 1/2/13 11:18 AM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
Posted by wo0shply
here is the law link
maybe you can buy blinds and the can install them for you?
thank you. thinking of just buying those temporary shades and installing them myself.
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| Posted 1/2/13 11:24 AM |
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wo0shply
LIF Adult
Member since 11/08 2702 total posts
Name:
Tass
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Pumping at Work - law
I hope everything works out.
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| Posted 1/2/13 12:15 PM |
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BBin2012
Full heart!
Member since 8/11 1835 total posts
Name:
Ka
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Re: Pumping at Work - law
Posted by Jags
Hi ladies! I just returned to work and trying to pump to supply for my ebf 3m baby girl. is anyone familiar with the law regarding pumping at work? i work for a very small company and let them know before returning of my intent to pump. they refused to put up blinds in my office and said to use the supply room...which is over crowded as is and doesnt have room for a chair near an outlet. i've been using the cold bathroom. so upset and not sure how to proceed :(
I returned to work today too... 
I hope you get your privacy...speak up for yourself!! The temporary shades (I think stick-on accordion blinds) is a good idea in the meantime.
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| Posted 1/2/13 1:02 PM |
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MrsPenthouse
LIF Adult
Member since 11/10 924 total posts
Name:
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Re: Pumping at Work - law
buy your own paper blinds or just get brown paper to darken the windows. Print a do not disturb sign to hang outside the door and pump!
You need to be relaxed in order to pump successfully at work. Good luck Momma! You can do it!!! Bring video of your baby on your phone, a bib to smell, anything that you think will help. I pumped for 10 months at work and being relaxed and able to think about DS was key.
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| Posted 1/2/13 1:16 PM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Re: Pumping at Work - law
They are required to provide you a private place to pump-- by both NYS law and the Affordable Care Act. If they continue to refuse, I would contact the NYS Department of Labor.
Here are some highlights of what they are required to provide:
Employers are required to make reasonable efforts to provide a private room or location for purposes of expressing breast milk. “Reasonable effort” means that the employer will provide such a space unless it is significantly impractical, inconvenient or expensive. Rooms should be well lit and windows should be covered to ensure privacy. The room should contain, at a minimum, a chair and small table or desk. Employers are encouraged to provide an outlet, clean water and access to refrigeration to store the milk. The employer must maintain the cleanliness of the room. The employer may dedicate one room and establish a schedule to accommodate the needs of multiple employees. The room may not be a restroom or toilet stall. If an employer is unable to provide a dedicated lactation room or location, the employer may allow the expression of milk in a vacant office or other room on a temporary basis, provided that the room is not publicly accessible to the public or other employees when the employee is expressing milk. As a last resort, an employer may provide a cubicle which is fully enclosed with partitions which are at least seven feet tall and is not otherwise accessible to the public or other employees. Employees may not be denied this benefit because of difficulty in providing a room.
In your case, since you obviously have an office, it does not sound like the employer would be able to show that it is "significantly impractical, inconvenient or expensive." Definitely speak up for yourself-- studies show that moms who pump tend to be better employees- they feel connected with their babies during the day, and EBF babies are sick less often, allowing mom to be at work more!
Good luck!
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| Posted 1/3/13 9:43 AM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
thank you all for your suggestions. i have been told to use the supply room below, where i am not even sure that a chair will fit, nevermind that there's no counter space. they offered to buy me a folded chair. i'm so offended they won't just put blinds in my office. i will take a look at the stick on temporary shades so that i can pump in my office. Image Attachment(s):
Message edited 1/3/2013 2:21:31 PM.
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| Posted 1/3/13 2:20 PM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Pumping at Work - law
Posted by anskiv
They are required to provide you a private place to pump-- by both NYS law and the Affordable Care Act. If they continue to refuse, I would contact the NYS Department of Labor.
Here are some highlights of what they are required to provide:
Employers are required to make reasonable efforts to provide a private room or location for purposes of expressing breast milk. “Reasonable effort” means that the employer will provide such a space unless it is significantly impractical, inconvenient or expensive. Rooms should be well lit and windows should be covered to ensure privacy. The room should contain, at a minimum, a chair and small table or desk. Employers are encouraged to provide an outlet, clean water and access to refrigeration to store the milk. The employer must maintain the cleanliness of the room. The employer may dedicate one room and establish a schedule to accommodate the needs of multiple employees. The room may not be a restroom or toilet stall. If an employer is unable to provide a dedicated lactation room or location, the employer may allow the expression of milk in a vacant office or other room on a temporary basis, provided that the room is not publicly accessible to the public or other employees when the employee is expressing milk. As a last resort, an employer may provide a cubicle which is fully enclosed with partitions which are at least seven feet tall and is not otherwise accessible to the public or other employees. Employees may not be denied this benefit because of difficulty in providing a room.
In your case, since you obviously have an office, it does not sound like the employer would be able to show that it is "significantly impractical, inconvenient or expensive." Definitely speak up for yourself-- studies show that moms who pump tend to be better employees- they feel connected with their babies during the day, and EBF babies are sick less often, allowing mom to be at work more!
Good luck!
I believe this only applies if you have a certain number of employees.
How many employees are at your firm? Do you have an attorney in house?
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| Posted 1/3/13 2:25 PM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
Posted by dlj97
Posted by anskiv
They are required to provide you a private place to pump-- by both NYS law and the Affordable Care Act. If they continue to refuse, I would contact the NYS Department of Labor.
Here are some highlights of what they are required to provide:
Employers are required to make reasonable efforts to provide a private room or location for purposes of expressing breast milk. “Reasonable effort” means that the employer will provide such a space unless it is significantly impractical, inconvenient or expensive. Rooms should be well lit and windows should be covered to ensure privacy. The room should contain, at a minimum, a chair and small table or desk. Employers are encouraged to provide an outlet, clean water and access to refrigeration to store the milk. The employer must maintain the cleanliness of the room. The employer may dedicate one room and establish a schedule to accommodate the needs of multiple employees. The room may not be a restroom or toilet stall. If an employer is unable to provide a dedicated lactation room or location, the employer may allow the expression of milk in a vacant office or other room on a temporary basis, provided that the room is not publicly accessible to the public or other employees when the employee is expressing milk. As a last resort, an employer may provide a cubicle which is fully enclosed with partitions which are at least seven feet tall and is not otherwise accessible to the public or other employees. Employees may not be denied this benefit because of difficulty in providing a room.
In your case, since you obviously have an office, it does not sound like the employer would be able to show that it is "significantly impractical, inconvenient or expensive." Definitely speak up for yourself-- studies show that moms who pump tend to be better employees- they feel connected with their babies during the day, and EBF babies are sick less often, allowing mom to be at work more!
Good luck!
I believe this only applies if you have a certain number of employees.
How many employees are at your firm? Do you have an attorney in house?
we're very small, about 20ppl. i think i read it's irrelevant of size or nature of business though.
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| Posted 1/3/13 2:27 PM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Pumping at Work - law
Posted by Jags
Posted by dlj97
Posted by anskiv
They are required to provide you a private place to pump-- by both NYS law and the Affordable Care Act. If they continue to refuse, I would contact the NYS Department of Labor.
Here are some highlights of what they are required to provide:
Employers are required to make reasonable efforts to provide a private room or location for purposes of expressing breast milk. “Reasonable effort” means that the employer will provide such a space unless it is significantly impractical, inconvenient or expensive. Rooms should be well lit and windows should be covered to ensure privacy. The room should contain, at a minimum, a chair and small table or desk. Employers are encouraged to provide an outlet, clean water and access to refrigeration to store the milk. The employer must maintain the cleanliness of the room. The employer may dedicate one room and establish a schedule to accommodate the needs of multiple employees. The room may not be a restroom or toilet stall. If an employer is unable to provide a dedicated lactation room or location, the employer may allow the expression of milk in a vacant office or other room on a temporary basis, provided that the room is not publicly accessible to the public or other employees when the employee is expressing milk. As a last resort, an employer may provide a cubicle which is fully enclosed with partitions which are at least seven feet tall and is not otherwise accessible to the public or other employees. Employees may not be denied this benefit because of difficulty in providing a room.
In your case, since you obviously have an office, it does not sound like the employer would be able to show that it is "significantly impractical, inconvenient or expensive." Definitely speak up for yourself-- studies show that moms who pump tend to be better employees- they feel connected with their babies during the day, and EBF babies are sick less often, allowing mom to be at work more!
Good luck!
I believe this only applies if you have a certain number of employees.
How many employees are at your firm? Do you have an attorney in house?
we're very small, about 20ppl. i think i read it's irrelevant of size or nature of business though.
You are correct. However, they can consider size when determining what room will be used for pumping, so if it is a small firm they can get away with not having a dedicated room. Does that room have a lock? It should be a place that employees can't access, and of course a supply room would be open to everyone.
I of course think that is a disgrace and that they should be more accommodating. Do you have a General Counsel or someone in HR you can discuss this with?
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| Posted 1/3/13 2:35 PM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
yes the door has a lock. i just think it's silly for me to squeeze in between cabinets and a printer while i have an office to myself.
so the person that is telling me to use this room is a woman (no kids), and i can complain to her boss (CFO) that works in our office in canada. just not sure if i want to take it to that level.
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| Posted 1/3/13 2:40 PM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Pumping at Work - law
The NYS law applies regardless of size of employer. However, the PP is correct that that would be taken into account when determining whether a dedicated pumping room is feasible. However, in your case, you have your own office! It is just a matter of making the office private for a few minutes a few times per day. The company, no matter the size, should be able to accommodate that.
If I were you, I would definitely speak to this woman again, perhaps with the NYS requirements in hand. If you don't get anywhere, I would go to the CFO, and then to the Dept of Labor.
This should not be a difficult request, and it makes my blood boil that they are giving you trouble about this.
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| Posted 1/3/13 3:07 PM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Pumping at Work - law
Posted by anskiv
The NYS law applies regardless of size of employer. However, the PP is correct that that would be taken into account when determining whether a dedicated pumping room is feasible. However, in your case, you have your own office! It is just a matter of making the office private for a few minutes a few times per day. The company, no matter the size, should be able to accommodate that.
If I were you, I would definitely speak to this woman again, perhaps with the NYS requirements in hand. If you don't get anywhere, I would go to the CFO, and then to the Dept of Labor.
This should not be a difficult request, and it makes my blood boil that they are giving you trouble about this.
ITA
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| Posted 1/3/13 3:15 PM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
Posted by dlj97
Posted by anskiv
The NYS law applies regardless of size of employer. However, the PP is correct that that would be taken into account when determining whether a dedicated pumping room is feasible. However, in your case, you have your own office! It is just a matter of making the office private for a few minutes a few times per day. The company, no matter the size, should be able to accommodate that.
If I were you, I would definitely speak to this woman again, perhaps with the NYS requirements in hand. If you don't get anywhere, I would go to the CFO, and then to the Dept of Labor.
This should not be a difficult request, and it makes my blood boil that they are giving you trouble about this.
ITA
Thank you. Makes my blood boil too :(
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| Posted 1/3/13 3:37 PM |
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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
Name:
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Re: Pumping at Work - law
Does your office door have a lock on it? If so, what would this woman say if you covered the windows/door to your office with dark colored paper (if they won't supply you with blinds) and you simply locked your office door while you pumped?
My former employer offered me the company shower for pumping. Anyone could walk in, no lock on the door, and no sink or place to sit. The HR woman told me I could sit on the bench in the shower if I needed to. -- gee, thanks, right?
I bought my own set of blinds, expensed it to my cost center, and put in a work order with my maintenance team to install them. Then when I had to pump, I just locked my door, pulled my blinds and pumped. I'd even take conference calls/handle e-mails from my desk while I did it.
Hope you can do something similar -- this is the LAST thing you should need to worry about while returning to work.
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| Posted 1/3/13 3:48 PM |
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Melmel821
Love being a mom!
Member since 5/08 2776 total posts
Name:
Melanie
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Re: Pumping at Work - law
That room isn't appropriate. They should at least rearrange some things for you. you need an outlet and some counter space and a comfortable chair. Hope everything works out.
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| Posted 1/3/13 3:53 PM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
I know, so NOT what I want to worrying about right now. My office does have a lock on the door, all I need is blinds to make pumping work. I told them before returning to work that I'd like space to pump and they did nothing except offer this stupid supply room when i returned.
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| Posted 1/3/13 4:07 PM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Pumping at Work - law
Let us know how it works out!!! So angry for you!!
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| Posted 1/3/13 4:11 PM |
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Jags
LIF Infant
Member since 11/09 270 total posts
Name:
Jags
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Re: Pumping at Work - law
So i spoke to this woman's boss and he said for several reasons they dont want to put up shades in my office (wouldnt tell me what they were) and that I should move cabinets in the supply room where i can fit a chair comfortably and extension cord. i guess it's better than a bathroom but i'm still pissed about it.
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| Posted 1/8/13 2:00 PM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Pumping at Work - law
You have FM...
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| Posted 1/8/13 2:09 PM |
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