PTP

I've had numerous mothers complaining about not being allowed to pump
at work. In December, I got a call from a very upset new mother that
was trying to arrange returning to work in a daycare center. Another
mother was on maternity leave at the same time. Rather than try to
coordinate pumping schedules, the employer decided that neither of
them could have breaks to pump.

I supplied links and information on the law to Mom. She found another
job at a different daycare center at which she was able to pump. At my
suggestion, she attempted to file a complaint with the Department of
Labor. She was told she couldn't file a complaint since she no longer
worked there. The "gentleman" also said it wasn't stated clearly
enough in the email that the mother wasn't allowed to have breaks to
pump.

What is the point of having this law if nothing can be done when an
employer doesn't comply?

Many employers have under 50 employees and assume they don't have to
comply. As it states in the frequently asked questions at the Dept of
Labor website "all such employers are subject to the FLSA break time
requirement unless they have fewer than 50 employees and can
demonstrate that compliance with the provision would impose an undue
hardship.

This mother has limited resources and cannot afford a lawyer. In a
similar circumstance last year, I thought I had located a lawyer
willing to help mothers in this situation but he then wouldn't return
calls.

http://www.dol.gov/whd/nursingmothers/faqBTNM.htm

What types of employers are covered by the law?

ANSWER: All employers covered by the FLSA must comply with the break
time for nursing mothers provision. As explained further below (see
“Does the nursing mothers break time provision apply to small
businesses?”), all such employers are subject to the FLSA break time
requirement unless they have fewer than 50 employees and can
demonstrate that compliance with the provision would impose an undue
hardship.

Unfortunately, this is not uncommon. I am hearing this story way too often.

Allison Laverty Montag BA, RLC, IBCLC
Wisconsin, USA

-- 
"Our doubts are traitors and make us lose the good we often might win,
by fearing to attempt."
William Shakespeare
Measure for Measure

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