If you are a new mother you’re consumed with the well-being of your
precious little one. You’re trying to figure out his sleep while desperately
scrounging together the hours for your own shut-eye. You’re entranced by her
every move, coo, wiggle, and smile. And yes, you’re challenged with the often
heart-wrenching and nipple-crushing efforts of nursing. You barely have time to
figure it all out, shower, remember your own name and eat your own few bites of
food.
Who has time to research (and then remember) your breast pumping rights?
Who knows? But what we do know is that it is important to have the knowledge
to advocate for yourself and your child (and your plump and pump-able breasts)
when and if it becomes necessary to pump in a public/work setting. So here is a
brief overview to get your started and some links for further reference (if
needed and time-willing).
According to the Department of Labor:
“The Patient Protection and Affordable Care Act (P.L. 111-148, known as
the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act
(“FLSA”) to require employers to provide “reasonable break time for an employee
to express breast milk for her nursing child for 1 year after the child’s birth
each time such employee has need to express the milk.” Employers are also
required to provide “a place, other than a bathroom, that is shielded from view
and free from intrusion from coworkers and the public, which may be used by an
employee to express breast milk.” See 29 U.S.C. 207(r). The break time
requirement became effective when the Affordable Care Act was signed into law
on March 23, 2010." [1]
In short you’re entitled to:
- Specifically designated time to breast pump at work.
- Private non-bathroom space to breast pump at work.
- Both the above until your child is one year old.
Which employers are exempt from this law?
Employers not covered by the FLSA and/or “employers having fewer than
50 employees who can demonstrate that compliance with the provision would
impose an undue hardship." [2]
If you live in Arkansas, California, Colorado, Connecticut, D.C., Georgia, Hawaii,
Illinois, Indiana, Maine, Minnesota, Mississippi, Montana, New Mexico, New
York, North Dakota, Oklahoma, Oregon, Puerto Rico, Rhode Island, Tennessee,
Texas, Vermont, Virginia, Washington or Wyoming—be happy (like a
full-six-hours-of-sleep happy) that your state provides legal protection above
and beyond these federal requirements.
For
more information on your breast pumping rights by specific state visit
http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx
*This blog is informed by our resident moms-in-the-know and not by medical professionals. This blog is intended to share the wisdom of experienced moms but never to replace the advice and insight of your doctors. Always consult proper and licensed medical professionals when making any decisions about your health and the health of your children.
Sources:
http://alphamom.com/your-life/postpartum/workplace-breast-milk-pumping-laws/
[1] http://www.dol.gov/whd/nursingmothers/faqBTNM.htm
[2] http://www.dol.gov/whd/nursingmothers/faqBTNM.htm
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