need help!!! what are my rights?? need some lactivist wisdom

[stargazersteph]

hi all,

ok, i will try to be brief. but i am furious and really need some input. i am going to a LLL meeting in a few to get some more wisdom.

after dealing with sore nipples and a distracted baby, i have a new breastfeeding storm to weather, my idiot employer.

ok, evan is 6 months old. yay. we made it 6 months exclusively bfing.
i returned to work in sept. i teach 3 days a week. i was pumping in the nurses office on my lunch hour, so was another woman.
well, once my idiot without a backbone principal found out about this...she HAD to bring it up at the principals meeting...to see if it was ok or whatever....well duh, she is a principal couldn't she just decide it was ok? especially since, get this, she breast fed her children til they were toddlers!!! you would think the woman would understand!!!

anyway, they have now said that we cannot pump in the school. and we can't store milk in the fridge there either. even though there are about a dozen fridges.
so i am furious. she is a wack job. :

so, can someone please tell me what to do? i live in nj.
also, i plan on writing a letter and sending it to her and everyone in administration. so if you have any words of wisdom...let me know.

also, she said we can pump in our car. so would anyone like to surround my school with their cars to pump and breastfeed???? :LOL

anyways, any help i would appreciate.

thank you
stephani

[sarahariz]

I can see why you are furious! I wish I knew the answer to your question. Are there any lactation consultants in your area that might know what the laws are? Did the principal say why she was making this decision? I think the letter is a good idea. What about meeting with her individually ASAP, or the school superintendent? Take someone with you who can be your advocate. Maybe getting something in writing from a medical professional saying you must pump during the day and your baby must breastfeed. Can they deny a medical request? In the meantime, can you store your milk in a cooler with ice?

[Momtwice]

You're supposed to pump in your car in the WINTER????

[paquerette]

Oh my god that is horrendous! I can't see any justification for this. I mean, it's not like you're sitting in the front of the classroom and pumping where they could say that you're corrupting the kids or whatever. And if it's clearly labelled, what's the biggie about putting it in the fridge? Or even you brining a little fridge from home? And that a former bf'ing mom is doing this. Was she working at the time her kids were bf'ed? Maybe she thinks nursing moms belong at home or something. :

Let us know how it goes! I'd probably go with the writing letters all around, and if you can't get any resolution go to the media. Where in nj are you? I might be in for crossing the Delaware for a pump-in. :LOL

[velcromom]

What state are you in?

Here's an article that might help -

http://www.lalecheleague.org/Law/LawEmployment.html

[jeanine123]

Haven't been able to find anything specific to New Jersey but this might help.

http://www.lalecheleague.org/Law/Bills7.html

http://www.lalecheleague.org/Law/LawEmployment.html

http://www.lalecheleague.org/Law/proposedsummary.html (law that is currently proposed in New Jersey wrt working and bfing)

[Janice in Canada]

I just wrote a submission to Canada's Review of the Labour Standards, in regards to breastfeeding and work.

I know you are in New Jersey, not Canada, so all this won't apply to you - but I think it might make you feel better and stronger. Feel free to use any of the information you find there.

My personal story is there. too

The paper is at
http://fls-ntf.gc.ca/en/sub_fb_14.asp

You may also like the submission from the Breastfeeding Committee for Canada. Its somewhat researcher better than mine, and its point of view is more from public health, rather than the moms' point of view.

http://fls-ntf.gc.ca/en/sub_fb_10.asp

I hope you find your way to negotiate out of this. Is is still too late to just do what you need to do? What will they do to you? Do you have a union rep to help stand up for you?
(I don't know if teachers in the US are unionized, they are here in Canada).

Janice

[lacysmommy]

The laws as they currently stand in NJ...

N.J.S.A. 26:4B-4

2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.

N.J.S.A. 26:4B-5,

3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints. Thereupon, any owner, manager or other person having control of the public accommodation, resort or amusement receiving such notice who knowingly fails or refuses to comply with the provisions of this act is subject to a fine not to exceed $25.00 for the first offense following initial notification and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. When there exists no local board of health or such board, body or officers having the authority to exercise the functions of the local board of health according to law in the municipality in which a violation of this act has allegedly occurred, the State Department of Health and Senior Services shall exercise the functions of the local boards of heath for purposes of this act.
b. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.
c. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "the penalty enforcement law," N.J.S.2A:58-1 et seq. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.

History: Approved May 19, 1997

Even though it doesn't specifically say pumping, I would think that pumping falls under the same laws as breastfeeding. Assuming you're at a public school, the principal is discriminating against you illegally.

[Annikate]

OMG! I am furious for you! What an idiot she must be? Guess she hasn't considered the legal ramifications eh? (Which makes her even more stupid!) Do you have any attorney friends? I'd go straight to the superintendant too . . . with letters & laws & cc'ing the ACLU - that ought to get their attention!

Good luck. Please keep us posted.

[Janice in Canada]

reffering to the NJ law posted above,

if you otherwise had permission to be in the nurse's office, you should be able to pump there. I mean, how can they really stop you. What you are doing is not illegal.

The fact that you were doing it for 2 months, without problem or complaint, by both of you, on your own break time, should speak for itself.

Actually many countries give EXTRA, PAID break time for breastfeeding, and must provide facilities - ie a quiet private clean spot for pumping. These are the ILO (International Labour Organization) standards. (Which I'm not sure if the US has ratified, so they wouldn't have to morally follow them, then).

I say you need to take this to your union, and to your superintendent (her boss)

Janice

[Gale Force]

I'm just thinking about how you might appeal to the superintendent's interests. Do you live in the same district? Is your child a potential student? Are they having problems with school accountability? Does the superintendent know about the importance of BFing in a child's IQ?

Does your school have a lot of new teachers or trouble recruiting teachers who are highly qualified under NCLB? How many new teachers might they be able to recruit if this goes public and they have egg on their face? How many of those new teachers need to be able to pump?

How difficult will it be for them to find a long-term sub so that you can stay home to breastfeed your baby since they are not accomodating to you? How will a long-term sub in your class (or series of long-terms subs) effect the test scores of your students?

The last is your best bet, the highly qualified your second best bet, and the long-term impact on their test scores with your child's improved IQ is something to throw in.

I would go to the superintendent. He or she is the one who provided direction to the principal. If that doesn't work, you can speak to the board in the open comments section of the agenda. If you are able to speak with a board member or two before that, all the better. If it's a small town, the local news reporter will be at that meeting and you can get to know that person as well.

[Gale Force]

Originally Posted by Janice in Canada

I say you need to take this to your union, and to your superintendent (her boss)

Oh yes, if you have an active (and rambunctious) union, definitely start there. LOL, as the daughter of a man who led his union to get binding arbitration into their contract, probably the only one in California.

[marisa724]

: As a former NJ teacher and public librarian, I think you should absolutely speak to a union rep. I haven't been back to work since having my baby, but our union reps were *amazing* in other situations regarding contracts and salaries.

[stargazersteph]

thank you ladies....

however,....i do not have a union !! i know i know....my school is a jointure school for students with special needs, though it is public, it was started in the past 20 years and started small and never had a union.

but you have given me alot of suggestions....and please keep them coming.

i am afraid that if i tell them the law, they will say it is for breastfeeding not pumping...so can anyone help me explain how it is the same thing. or almost the same? however, i am sure that they are probably not even aware of the law.

thank you and please keep the suggestions coming.

stephani

[Janice in Canada]

Random thoughts:

1.) Since breastfeeding is protected, is there any chance you could have the baby brought to you for noon hour feeds? Even for just a short time, to prove the point that they might be happier just leaving you alone to pump quietly in the nurse's office instead?

2.) They may say pumping isn't protected under the law. But they probably won't be sure of this either, until their lawyer investigates. Do you have access to a lawyer - sometimes a strong bluff letter from your lawyer may be enough to get them to bend. If this aspect hasn't been challenged/decided in court yet, (I mean the question of if pumping = breastfeeding and is it therefore protected, or not) then I doubt if they would want the time, expense and bad publicity to be the one to take it to court.

3.)

3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints.

Since its the local board of health that is supposed to enforce this, contact them and find out if pumping is covered, or if its a gray area, to write the letter to the school anyhow.


I would still think that your first step may be to see your boss's boss - be clear about what you need, how you (and the school) were managing fine with the situation for several weeks already, and that there is a law that they *MAY* be in violation of. I would think that they would want to avoid confrontation.

You could do this in a registered letter, and I would also cc the chair of your school board (do you have that structure - the person/board that your boss's boss would report to?) And cc your local health authority, Rep. Carolyn Maloney that is lobbying for federal work & bfing support, etc.

How does the other mom feel about this? Will she join you in complaining, or is she just giving up. Of course it will be much better if she joined you.

Janice

[sugarbeth]

Maybe these people can help?
http://www.breastfeedingnj.org/

Or the New Jersey Dept. of Health?

[Luvmyboyz]

Have your local LLL Leader contact her Professional Liason rep. Professional Liasons are Leaders who also have careers in fields that can sometimes be useful (Law, Pharmacy, etc.) If your local Leader doesn't know where to start, contact LLL International and get a referral to a PL. Good luck. Oh....do you have your employee handbook? It's a stretch. Perhaps it is in there.