support for pumping at work policies...

[spedteacher30]

Hi! I am doing some research into pumping policies at work for my job. (My job supports pumping at work for its employees, but we are kicking around the idea of proposing a state law to require public employers to allow pumping at work because we want to support the members of our organization who all work in public schools).

Apparently, the issue comes up every so often, as some principals refuse to allow employees pumping breaks, a private place to pump, or coverage of their classrooms while they pump. the last time someone who was at the table today (we have plenty of other employees who might have information but weren't at the table today) was looking into this situation (about a decade ago) they couldn't find any doctors or LLL leaders who would write a formal letter to the school board about the medical need for pumping at work. the 8 of us at the table today (representing a very small area of our state) currently know of at least 5 teachers who are engaged in this battle with their principals.

I am going to contact my OB and LC to see if they would be willing to write a blanket letter we can use for members who need it. But, if the letter/research already exists, then it can save us a lot of work...

Everything I have found supports the health benefits for baby. Obviously, we know and support these. However, we're looking for a statement that clearly says that if a nursing mother is not allowed to pump, she will dramatically increase her risk of mastitis.

Also, does anyone know if moms are able to get pumping accomodations covered under ADA/section 504? (I know that lactation is not a disability, but is it considered a medical condition that requires accomodations? Our lawyer says no, but she is, admittedly, not an expert in lactation law).


Finally, if anyone here happens to know if their state education association has done advocacy work regarding pumping at school, please share! (you can pm me if you have names and details to share...)
thanks for any help!

[mamajake]

I strongly suggest contacting your state breastfeeding coalition. Two members of the Massachusetts Breastfeeding Coalition (IBCLCs) wrote expert affidavits in the Currier case (the women seeking extra time to pump during her medical boards) and part of their affidavits dealt with the risk of mastitis resulting from not giving her the opportunity to pump. Any medical text explaining the mechanics of breastfeeding shows the necessity of emptying the breast at minimum intervals in order to prevent mastitis, as well as other conditions.

Originally Posted by spedteacher30

Also, does anyone know if moms are able to get pumping accomodations covered under ADA/section 504? (I know that lactation is not a disability, but is it considered a medical condition that requires accomodations? Our lawyer says no, but she is, admittedly, not an expert in lactation law).

I don't know of any successful ADA claim concerning breastfeeding. Medical conditions do not require accomodations under the ADA unless they qualify as disabilities. The definition of "disability" in the ADA is "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." Under the EEOC regs.: "(3) Pregnancy -- Because pregnancy is not the result of a physiological disorder, it is not an mpairment. 29 C.F.R. pt. 1630 app. § 1630.2(h); see also Byerly v. Herr Foods, Inc., 61 EPD Par. 42,226, 2 AD Cas. (BNA) 666 (E.D. Pa. 1993). Complications resulting from pregnancy, however, are impairments.10" This would seem to say breastfeeding is not a disability, though mastitis could be.

An article in the current Mothering on workplace pumping has links to a lot of Internet sites with resources concerning the benefits to employers of lactation support programs and that literature contains information on benefits to mothers.

Hope that helps.

[spedteacher30]

thanks!

I will get in touch with our state taskforce tomorrow. maybe the doc involved will give us a blanket letter...

As a special ed teacher by training, I definitely know the intricacies of ADA/section 504. It sounds to me that if one of our members has a history of mastitis, we might be able to get pumping covered under law, since a recurrence of it would substantially limit a life activity (working AND mothering).

If anyone has any other ideas, please let me know!

[Ellien C]

I think one of the healthcare companies did some research that indicated that mothers who BF take fewer sick days (healthier children) and actually use fewer benefits. If you can't find any articles through google, email me and I'll dig up the reference. There was a dollar figure attached to the study. A small investment in a lactation room pays off big time. They were also more likely to remain employed if they felt like they could balance work and family - say by breastfeeding.

The point here is that encouraging Breastfeeding isn't just something employers should be altruistic about. It benefits employers as well, saving them money and turnover costs, increasing employee loyalty.

[mamajake]

Yes, I think an individual women with mastitis (or another medical condition made worse by not pumping) might have an ADA argument. The problem is it won't help all the moms who need to pump. Seems sad.

I assume you are in a state without a workplace pumping statute? Have you explored a sex discrimination claim or an equal protection claim? My hope is this is the legal next wave. Federal law has been pretty bad on this but there are cases here and there (like Currier) under state constitutions and state civil rights law that give me hope.

[mamajake]

Originally Posted by Ellien C

I think one of the healthcare companies did some research that indicated that mothers who BF take fewer sick days (healthier children) and actually use fewer benefits. If you can't find any articles through google, email me and I'll dig up the reference. There was a dollar figure attached to the study. A small investment in a lactation room pays off big time. They were also more likely to remain employed if they felt like they could balance work and family - say by breastfeeding.

The point here is that encouraging Breastfeeding isn't just something employers should be altruistic about. It benefits employers as well, saving them money and turnover costs, increasing employee loyalty.

Links to these studies are in the current Mothering article. And, yes, I am shamelessly plugging my own article. but I found a boatload of really useful stuff that is available on the Internet.

[spedteacher30]

yeah, no pumping laws. we have NIP protection--ie, it can't be called indecent exposure--and we are allowed to nurse in any public place (ie, state-controlled) we are otherwise allowed to be.

which, of course, means that nursing moms are allowed to have their kids brought to them in their classrooms for a nursing session during planning time, lunch or before/after school, but are not guaranteed the right to pump...

[SophieAnn]

Originally Posted by mamajake

Links to these studies are in the current Mothering article. And, yes, I am shamelessly plugging my own article. but I found a boatload of really useful stuff that is available on the Internet.

That was a really fantastic article!!! It gave me lots of great ideas for how to put together a proposal to my boss and hr department about pumping accomodations (someday). The information about (and examples of) lactation rooms were great too.

Thankfully, our right to pump at work, and our right breaks from work for pumping without penalty are protected by law (Ontario Human Rights Commission Policy on Discrimination Because of Breastfeeding and Pregnancy) so I won't have a battle about it.

The numbers people are referring to about breasfeeding moms having fewer sick days because of there babies being sick less - and also the health care/insurance cost savings was confirmed for me on a government website as well......

Okay found it for you! This is from the region of Peel (near Toronto), but it provides those stats people mentioned, with references. This should be a good start for you.


http://www.region.peel.on.ca/health/...2007/oct07.htm

"Mothers of formula fed babies have twice as many one day absences compared with breastfeeding mothers (Cohen et. al, 1995) 1

An insurance company estimated that it saved $1,435.00 in medical claims and three days of employee sick leave per breastfed baby in the first year of its workplace breastfeeding support program (Ball & Bennett, 2001) 2"

[mytwogirls]

That would great to have a pumping law. I quit my job as a labor delivery RN because my charge nurse would not allow me to pump every three hours! (LONG STORY!) PM me if you want the details.

[mamajake]

Originally Posted by spedteacher30

yeah, no pumping laws. we have NIP protection--ie, it can't be called indecent exposure--and we are allowed to nurse in any public place (ie, state-controlled) we are otherwise allowed to be.

which, of course, means that nursing moms are allowed to have their kids brought to them in their classrooms for a nursing session during planning time, lunch or before/after school, but are not guaranteed the right to pump...

I figured you didn't have a workplace pumping law 'cause your question would be different.

FYI, public breastfeeding laws don't necessarily give you any workplace protection. Generally employers can dictate what you can and can't do during work hours so usually have the power to prevent a child coming into the workplace (even if it is otherwise public) or dictate that you can't breastfeed during work hours. Public breastfeeding law doesn't override employers rights over the worker and in the workplace. That is why we have these horrible situations where employees are allowed to use their breaks to smoke but not to pump.

[spedteacher30]

the real issue here is that the teachers need breaks that aren't normally given to employees so that their classes can be covered while they are pumping. Or, they need their schedules to be designed specifically with pumping in mind. One of the teachers in question has a six month old, so is also dealing with the issue of having to tell her principal that next year she is planning to continue nursing and pumping past one year of age (which adds a whole new element of opening up about extended nursing).

Even though I am proud to still be nursing my 27 month old, I don't share that information with too many people in my supportive workplace!

i think our best hope for the interim is to get a letter from a health care organization about a nursing mother's medical need to pump, and then work on pumping protection laws.

I found a letter on the web from a union lawyer in Georgia that cited the Pregnancy Protection Act of 1974, claiming that lactation was an effect of pregnancy, and therefore refusing to allow a woman to pump was violating her rights under that particular law. Not being a lawyer, I have no idea if the argument holds water, but it sure was creative...

[SophieAnn]

That does sound like a creative argument.

I recommend reading the Ontario Human Rights Commission Policy on Discrimination Because of Pregnancy and Breastfeeding.
http://www.ohrc.on.ca/en/resources/P...egBreastfeedEN
(click on the "PDF" link to view)

Basically, the commission argues that since only women can be pregnant and lactate, that any form of discrimination against someone based on their pregnancy or lactation (including workplace accomodations) is discrimination based on gender... which is not allowed.

Reading this might give you/your lawyer some ideas for presenting an argument.

[mamajake]

Originally Posted by spedteacher30

I found a letter on the web from a union lawyer in Georgia that cited the Pregnancy Protection Act of 1974, claiming that lactation was an effect of pregnancy, and therefore refusing to allow a woman to pump was violating her rights under that particular law. Not being a lawyer, I have no idea if the argument holds water, but it sure was creative...

Federal courts have explicitly rejected the argument that breastfeeding is a condition related to pregnancy and therefore have held that the federal Pregnancy Discrimination Act does not apply to breastfeeding. The proposed Breastfeeding Promotion Act is a legislative attempt (that does not seem to be going anywhere) to overrule the federal courts on that. I don't know what the Pregnancy Protection Act of 1974 is but if it is a Georgia statute that does something like the federal PDA, it is possible that Georgia state law could come to a different conclusion than federal courts have. One of the reasons for the success of the Currier case is that there is Massachusetts state law that does consider breastfeeding discrimination to be pregnancy discrimination and is different from the federal law.

It seems absolutely intuitive that breastfeeding discrimination is sex discrimination and therefore laws against sex discrimination or pregnancy discrimination (breastfeeding clearly being linked to pregnancy) should protect against breastfeeding discrimination. Sadly, some courts, particularly federal ones, have done some sickening argumentative gymnastics to find that breastfeeding is somehow not connected to gender.

Good luck! I assume you have also tried your union. I am always surprised by the number of complaints I hear from women who are members of unions. Unions could clearly include lactation support in collective bargaining agreements but do not.

[spedteacher30]

Originally Posted by mamajake

I assume you have also tried your union. I am always surprised by the number of complaints I hear from women who are members of unions. Unions could clearly include lactation support in collective bargaining agreements but do not.

I *am* the union. Well, a union staff member. I work at the state level, but am trying to assist our field staff who do the member rights and advocacy work in the workplace. We're a right to work state, so no collective bargaining agreements to deal with. Just school policies, and state laws.

[mamajake]

Originally Posted by spedteacher30

I *am* the union. Well, a union staff member. I work at the state level, but am trying to assist our field staff who do the member rights and advocacy work in the workplace. We're a right to work state, so no collective bargaining agreements to deal with. Just school policies, and state laws.

Public school teachers without collective bargaining agreements?! My liberal knee just jerked.

[waiting2bemommy]

: Ds will be 9 months when school starts up again in the fall....all the other bf'ing mommies have switched to formula, so I know next year will be an even bigger battle for pumping. I'm only a TA, but the same basic rules apply, right? I'll be watching this thread closely.

[spedteacher30]

Around here, TAs would have it even harder than most teachers:

no planning period
no private, personal space (teachers can use their empty classrooms, but TAs don't have their own classroom)

But, TAs also have different laws governing them, since they are hourly employees so get the protection of the Fair Labor Standards Act.

How does your teacher feel about you pumping? Honestly, in the schools I worked in, the principal would have been fine with the teacher excusing the TA for pump breaks, or scheduling the TA's breaks in accordance to her pumping needs...

good luck!

[TefferTWH]

Originally Posted by spedteacher30

the real issue here is that the teachers need breaks that aren't normally given to employees so that their classes can be covered while they are pumping. Or, they need their schedules to be designed specifically with pumping in mind. One of the teachers in question has a six month old, so is also dealing with the issue of having to tell her principal that next year she is planning to continue nursing and pumping past one year of age (which adds a whole new element of opening up about extended nursing).

I used to teach and quit to be a SAHM. I considered going back because the school board refused my resignation because they liked me so much, but I knew that there would be no opportunity for me to pump. When I was preggo, I couldn't get my female principal to let me have a bathroom break - I worked straight ALL day with no conference period and the union could do nothing to get her to alter my schedule. I had numerous UTIs and my OB/GYN told her he'd put me on bed rest if I couldn't get a pee break, so she consented to allow me a planning period 6 months in. Nice, huh? I can't imagine what she said if I wanted to pump my breasts!

[spedteacher30]

Teffer--

Your story is why I waited to get pregnant until after I had stopped teaching. I taught middle schoolers, in the special ed resource room. Even though I had periods where students were not assigned to me, there was no way I could have ever shut my door to pump without at least 7 students, 5 teachers, and an administrator knocking on the door. And the phone ringing at least 3 times.

Stories like yours horrify and depress me...