Re: << I am a LLL Leader in Maryland, and through our email help service, I got contacted by a mom in Palm Coast, Florida. We actually started on a totally different concern. But over the course of the conversation, she told me that she was told by her employer that she was only allowed to pump once a day. As a result, her supply declined, of course...
I am following our LLLI channels, but I know there is only so much I can do. This mom works at one of the Adventist Hospitals as a respiratory therapist. I'm sure I can get more info if needed. Is there anyone in Florida who knows more about the laws ther or what recourse this mom may have? >>
I used to work for a labor relations firm, and I came to realize that for many employees the term "employer" does not always mean the "real" employer. Many employees think if info comes from their direct manager/supervisor then it must be so, but that isn't always true. Many department managers are great clinically but poorly trained for a management role. (Certainly, a number learn as they go and do well in management.) If this employee received the info about pumping, which is really about her right to work breaks -- not pumping per se -- from her direct manager or supervisor, she may need to do more investigation.
Has this mom checked her Employee Handbook or spoken to a hospital Human Resources (HR) rep re: work breaks she is allowed? In most instances state law or employer policy dictates that workers get one or two 15 min breaks and a 30 min meal break. (I couldn't find Florida state law re: rest and meal breaks but didn't have much time.) Policy or law may vary a bit depending on shift length -- usually 8 or 12 hours for hospital employees. I'm always amazed when a pumping mother "blows off" a 15 minute break as too short. Surely 5-10 min pumping sessions (with an effective pump) beat none!
New employees always get an Employee Handbook, which should contain this info. Unfortunately, many employees promptly lose/misplace their handbook or never refer to it. Fortunately, it should be easy to get another copy from her HR department and many hospitals have this info online for employees.
If this mother has started with her direct supervisor or manager and has investigated her "in print" employee rights, then has she gone higher through the chain of command -- department director, possibly HR and then VP who the department director reports to? In my experience, many employees "trust" their direct manager to know vs. assume personal responsibility for the info in the handbook. And many employees never pursue an issue through the chain of command, which is unfortunate.
Just an aside: I'm not surprised that RT management or beyond does not appreciate the value of this mother providing her milk for her baby; however, with help they could come to appreciate the fact that this employee is less likely to be absent if she pumps regularly since her baby will statistically experience less illness and regular pumping means she is less likely to experience mastitis. Also, I've always found the Adventist Health facilities to be committed to mission, including that re: employees. If she can incorporate Adventist philosophy/mission with her BF education info, it may really help. And while she's educating, another suggestion this RT might make is for the hospital to show its support for BF by setting up an employee pumping room, which many hospitals already have. (Although I'd bet in many instances there are non-maternity-unit employees who are unaware of the existence of such rooms!)
Don't know if any of this helps.
Karen
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