Breastfeeding BREASTFEEDING EMPLOYEES & THE LAW Not every employer is familiar with the ins and outs of breastfeeding, so you may need to be proactive. “Know that you have the right to express comfortably and in privacy and for a reasonable amount of time, and stand up for yourself,” Malatt advises. Thankfully for working mothers, laws exist to make breastfeeding and working more compatible. The federal “Break Time for Nursing Mothers” law was enacted in 2010. It applies to most hourly wageearning employees and some salaried (nonexempt) employees. This law covers two key factors: Time: When it comes to breastfeeding and pumping, there’s no one-size-fits-all solution. This law stipulates that employers must provide “reasonable” break time for one year after the child is born. Space: The law also stipulates that employers must offer a completely private space (“that is shielded from view and free from intrusion from coworkers and the public”) that is not a bathroom. However, that doesn’t mean every employer must create a permanent space that is devoted solely to breastfeeding employees. Are pump breaks paid or unpaid? The law does not require pumping breaks to be paid. But if an employee already receives paid breaks and pumps milk during those times (or during a meal break), wage would not be affected. What about small businesses? The law says that any employer that employs fewer than 50 employees may not be subject to the requirements if they would “impose an undue hardship by causing the employer significant difficulty or expense.” Translation? If you’re working for a tiny company, it simply may not be possible for them to accommodate all your needs. 5 Features of a Work Lactation Space If no lactation room exists within your company, you may even have an opportunity to provide input. Keep in mind three traits when setting up a lactation room: private, safe, and clean. It cannot be a bathroom, and it must not be a space where coworkers or customers can see inside. It should also be comfortable, with good lighting and ventilation. Here are some elements to include: 1. Seating: You want a comfy chair that offers support for an employee to sit up straight to pump comfortably. (A squishy sofa is less than ideal!) 2. A spot for the breast pump: You need a flat surface for the pump (such as a countertop) as well as electrical outlet access. 3. Refrigerator access: You’ll need a small fridge nearby to keep pumped milk cold. 4. Sink access: This is necessary so employees can wash their hands and rinse their pump parts afterward. However, Malatt notes, “It is safe to store your pump parts in a bag in a fridge between pumpings so you don’t have to clean them multiple times.” 5. A locking door and/or “occupied” sign: This is important for privacy. The above features are the minimum. Some employers go the extra mile when creating a lactation space. You might see footrests, clocks, mirrors, computer terminals or telephones, and even decor. If multiple employees are nursing babies, it’s also a good idea to set up a system so they can reserve the room: for instance, a Google calendar or sign-up sheet. What If Your Employer Won’t Comply? If your employer refuses to comply with the law, you can file a complaint by contacting the U.S. Department of Labor Wage and Hour Division (WHD): Call toll-free 1-800-487-9243 or visit www.dol.gov/whd. In order to file your complaint, you’ll need to tell them your name, your address and phone number, the name of the company where you work (or worked), the company’s location and phone number, the name of the manager or owner, what type of work you did, when and how you were paid, the birth date of your breastfeeding child, and a description of your concern. Be assured the process is free and confidential. If you file a complaint, your employer cannot retaliate by firing you or discriminating against you. 24 <strong>Babypalooza</strong>.com
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