Help, need quick info. on law

[MSUmama]

Hi all,

I'm a breastfeeding counselor to low income women. One of my moms called me in a panic this morning. She has a 1 week old baby, has to go back to work tonight and when she told her boss she'd need breaks to pump, she was told she could just go home if that's the case. The boss is female and described and dingy by my client. My client asked me if I could give her a letter that states why she needs to breastfeed, she thinks the boss will back off if it looks official. She works in a fast food restaurant and I know they really need the money, she can't lose hours or worse, her job. I've googled a couple times looking for a fourm letter and have come up short. Anyone have any good links? I've never run into this beofre, thankfully!
Amy

[Benji'sMom]

promom.org has a letter but I don't have time to look for it right now - but it's there somewhere.

[KirstenMary]

What state is she in? Does she work enough hours to qualify for breaks?

[MSUmama]

We're in Michigan. Normally, she'd work an 8 hour shift, but when she told her boss she'd need breaks to pump and would be in the bathroom during her breaks, she was told she could go home after four hours if she is going to pump at work!

[pantufla]

What the...??? That sounds like discrimination to me. *sigh* I wonder what her boss would do if she were a smoker?

[KirstenMary]

Originally Posted by MSUmama

We're in Michigan. Normally, she'd work an 8 hour shift, but when she told her boss she'd need breaks to pump and would be in the bathroom during her breaks, she was told she could go home after four hours if she is going to pump at work!

Michigan (like Mass atm) has no laws.

Does she normally get breaks? If she doesn't, I am not sure what legal recourse she has (unless not getting a break violates labor laws). If she does, can't she just pump anyway?

[MSUmama]

Originally Posted by KirstenMary

Michigan (like Mass atm) has no laws.

Does she normally get breaks? If she doesn't, I am not sure what legal recourse she has (unless not getting a break violates labor laws). If she does, can't she just pump anyway?

She works at a Rally's Hamburgers, I can't remember if they have those in Mass, if not, it's a drive thru place, so space is limited. She was already concerned about others getting upset with her dominating the bathroom on her breaks, which is I think why she already talked to her boss about it. She does get breaks, but probably not enough to keep her supply up and be exclusive. I worte a letter on our letterhead and I hope it works for her, I couldn't find the one on promom.com.

[GooeyRN]

Isnt there a federal law about requiring a 30 minute unpaid break after 5 hours of work? Can she pump in her car during that time? She may not be able to maintain a full supply, but it shouldn't tank too bad if she gets up and wakes her baby every 2 hours at night.

[KirstenMary]

Originally Posted by GooeyRN

Isnt there a federal law about requiring a 30 minute unpaid break after 5 hours of work? Can she pump in her car during that time? She may not be able to maintain a full supply, but it shouldn't tank too bad if she gets up and wakes her baby every 2 hours at night.

This.

Could she get a WhisperWear pump? Then she could pump and work at the same time.

[ruhbehka]

Ugh.

I'd feel tempted to call the local news to do an expose, but then of course she'd lose her job.

How about calling corporate?

[KristyDi]

Originally Posted by KirstenMary

This.

Could she get a WhisperWear pump? Then she could pump and work at the same time.

Working in a fast food place, where the boss is already apparently hostile, I don't see that being allowed. People freak when women breastfeed in a public pool. I'm sure someone this ignorant would really freak at the idea of bm around food.

If she could pump in her car on breaks I don't see how the boss could stop it. The boss isn't allowed to dictate what an employee does on breaks is she?

Is there any possibility of her beginning to look for a new job? Maybe she can make this work for a while until she finds a more friendly place to work. Would it be possible for you to go to a meeting with the boss with her to help advocate and offer solutions. Or would that make the boss more hostile?

I really hope you can find someway to make this situation work for her. She really has my sympathy. This is a tough position to be in.

[MSUmama]

Wisper wear would be out of her reach financially anyway and I agree, people would scream and jump up and down if they knew what was going on in there, lol.

We live in Michigan, there are no jobs, really, there are NO jobs, no way could she find something else.

Calling the news would cost me my job (please see above) so we are kind of on thin ice here. I am pushing it by doing what I am doing as it is, though I really don't think I have crossed any lines. I hope she does ok, this girl has a sad story and really wants to do the best for her baby.

[mamajake]

Originally Posted by GooeyRN

Isnt there a federal law about requiring a 30 minute unpaid break after 5 hours of work? Can she pump in her car during that time? She may not be able to maintain a full supply, but it shouldn't tank too bad if she gets up and wakes her baby every 2 hours at night.

No, federal law does not require break time. See http://www.dol.gov/dol/topic/workhours/breaks.htm . Required break time is governed by state law and Michigan does not appear to require any. http://www.dol.gov/esa/programs/whd/state/rest.htm

[aaronsmom]

I have no advice but I just wanted to send along a to that poor momma. It's sad that some states still don't have laws governing these things.

[meganmarie]

Pumping in the car is a good idea. I've done it. My electric pump (medela) came with a battery pack. Both Medela and Avent also sell a car power adapter (the Avent one is on BabiesRUs.com for $12, the Medela one you may have to order from their company online store).

The smoker argument makes sense. Whatever breaks are typically given to all employees should be given to her. If they get 2 15-min breaks in an 8-hour shift then all she's asking for is to combine that time together.

I hope it works out for her if she appeals to the manager that she really needs the hours. I am so sad that she has to go back to work so soon after birth, what a nightmare just from a physical/emotional perspective, forget the nursing even.

[ruhbehka]

Originally Posted by KristyDi

If she could pump in her car on breaks I don't see how the boss could stop it. The boss isn't allowed to dictate what an employee does on breaks is she?

Actually, apparently her boss can. Argh.

See the following question here.

Q. Can a Michigan employer legitimately establish a policy that workers may not leave the premises on their breaks? I realize that breaks are not legally required, but if they are given, can the employer set limits on what an employee can do during his or her break time?

A. Not only is it perfectly legal to establish such a policy, it would be wise. Not to do so could expose an employer to expenses, liability, and long, costly lawsuits.

Most companies have a similar policy that workers cannot leave the premises during breaks...

[KirstenMary]

Then I would absolutely bring up the smoker argument. Are other workers allowed to step outside to smoke? If so, how can she NOT be allowed to step outside to pump???? God, I am fuming.

[GooeyRN]

Originally Posted by KirstenMary

Then I would absolutely bring up the smoker argument. Are other workers allowed to step outside to smoke? If so, how can she NOT be allowed to step outside to pump???? God, I am fuming.

You have a point there. If you can smoke outside, you can pump outside. (no need to expose yourself at all. I EP'd, and never exposed anything) I can't stand when people are so anti-bfing. Who cares? Seriously. That manager must have some major issues to worry if she pumps on her breaks. Is she going to outlaw peeing/pooping while on break, too? Those products also come from the body, and if handwashing afterwards is good enough, washing hands after pumping should be good enough so she can't bring up the unsanitary thing. (no, I am not saying EBM is like pee/poo, I am just saying if its ok to do those things it should be ok to pump, too.)

[Emmeline II]

Well, the parking lot is the premises. Just try parking in one across from a bar! You'll be walking home and getting your car out of impound ! So she would not be leaving the premises by sitting in her car.

[honeybunch2k8]

Originally Posted by KirstenMary

Then I would absolutely bring up the smoker argument. Are other workers allowed to step outside to smoke? If so, how can she NOT be allowed to step outside to pump???? God, I am fuming.

I worked at fast food, and in my experience, they DO allow smokers to have breaks. In fact, at my former place of employment some people smoked inside the restaurant.