Hello Mirine,
The primary problem is that the nursing breaks were put into the ILO
(international labor organisation) protection of maternity convention C003
(done in 1919), convention modified in 1952 (renamed C103) and remodified in
2000 (and rerenamed C183).
C003 ==> 2 breaks per day
C103 ==> continue 2 breaks per day, taken on the working time, should be
retributed if the national law has forecast it
C183==> continue 2 breaks per day, taken on working time, must be retributed
as well;
(I have done a large work about it this summer... :-)!!)
But the USA never ratified any of the convention's editions; I personnaly
don't know well about US laws, if there was a law legalizing about nursing
breaks (even if USA never ratified the ILO convention)... I have read what
is given in the Core, "they" talk about nursing breaks but I haven't found
any law indeed (which does not mean much);
There may be some way: this mom, did she take her breaks on her working
time, or did she stay 15 mn later each day (or come earlier); I mean, would
there be any possibility of "case of law" ("jurisprudence") showing that:
this mom took 15 mn per day (illegally because it was for pumping, not for
"pee-ing" or "smoking") but that the company drew NO prejudice because the
nursing/pumping break was not taken on the working time??????
And she could argue against the insulting manner of being sued and fired;
I am really strucked by emotion reading this article; here we have nursing
breaks legalized via an old law, employers believe it is such an old law
that is has no more legality... mother can nurse/pump, we have not ratified
the "paid" side of the subject; and there are other ways to mess with
them...
I am sure there could be a rejudgement; breaking the current judgement,
appeal...
Warmly,
Françoise Coudray
----- Original Message -----
From: "Mirine Dye" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 30, 2009 10:46 PM
Subject: Lactate on your own time.
>
> This was posted to the APHA /MCH section newsletter today.
>
>
>
> LACTATE ON YOUR OWN TIME, LADY:
>
>
>
> In August 2009, the (US) Ohio Supreme Court ruled that Totes/Isotoner ( a
> popular glove and umbrella, slipper and accessory manufacturer) had the
> right to fire a breastfeeding mother for taking breaks to pump milk.
>
>
>
> The employer argued that the dismissed mother took breaks that were
> unauthorized, regardless of her gender or condition
>
> Editorial report here:
>
> http://www.salon.com/mwt/broadsheet/feature/2009/08/28/fired_for_pumping/ind
> ex.html
>
>
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~
> Mirine R. Dye, MPH, CLE
>
> Florida Keys, US
> <mailto:[log in to unmask]> [log in to unmask]
>
>
>
>
>
>
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