Can they make me do this?

[june'smom]

Dh brought the baby to me (first week back from maternity leave) at work so we could nurse and cuddle. We were outside on a picnic table. Someone complained about it and the site manager gave me a talking to.

They say that I have to cover up if I am nursing the baby. It is JULY! I am not going to put a blanket on. Can they make me? If I don't cover up, can they fire me? and for the record, no one could see much unless they were really looking for it.

[Nautical]

"Wis. Stat. § 944.17(3), § 944.20(2) and § 948.10(2) (1995) provides that breastfeeding mothers are not in violation of criminal statutes of indecent or obscene exposure. (AB 154)"

I would check with your HR department to see if there is a policy in place where you work. If there isn't, push to have one.

[LeighB]

I believe, in Wisconsin, you can breastfeed in public and it is not considered indecent exposure. So no, you don't have to cover up.
I really doubt they would fire you- I can't imagine the backlash of firing a new nursing mother! Hopefully someone else who knows the laws better will chime in.

Good luck!

[asunlitrose]

Michigan has similar laws. You cannot get ticketed for indecent exposure but a business owner has a right to ask you to leave their premises.

Remind your manager or person above the manager that breastfeeding will mean less sick days for you to take off because of the babe, and that for now you feel uncomfortable using a nursing cover because it is too hot and the baby won't tolerate it.

[shllywlly]

Can you please report this to www.firstright.org? This is something one phone call might eliminate. Depending on the exact laws, the employment situation might be slightly different than just NIP. Some states have specific laws protecting nursing mothers in the workplace.

[menomena]

Well... No one can MAKE you do anything. If it's private property and you are not there for "public accommodation" (i.e. a mall or a store or whatever), they can ask you to leave if you don't cover. Since this is your job, I would definitely talk with someone about it - your boss or someone from HR if you have an HR dept. It sounds like this needs to be talked through (and other people need to be told to exercise their occular muscles if they don't like what they see .

[krystyn33]

A diplomatic approach, inquiring with HR and sharing good info about the benefits to the workplace might be more effective than emphasizing the defense of your rights.

Hope you get a positive response!

[elizaMM]

Originally Posted by june'smom

If I don't cover up, can they fire me?

While its true you weren't breaking any laws, I don't think they would be breaking any laws by firing you. I think the only things you can't fire people for are things like disability, not having sex with the boss, race, etc.

Definitely take it up peacefully with HR or something. Good luck!

[Khourtniey]

I would take firing as discrimination. If they were to fire you Im sure they wouldnt put down "NIP" as the excuse because it could likely get them in trouble KWIM?

[elizaMM]

Where would they have to write it down? I don't think they would have to give any reason unless she filed for unemployment and Unemployment Folks asked. And they wouldn't be able to get the employer in trouble, all they can do is determine if she is eligible for unemployment.

Otherwise, to get them in trouble at all, she'd have to file suit against them and NIPing is not a protected class/group/whatever.

[llamalluv]

Originally Posted by LeighB

I believe, in Wisconsin, you can breastfeed in public and it is not considered indecent exposure. So no, you don't have to cover up.
I really doubt they would fire you- I can't imagine the backlash of firing a new nursing mother! Hopefully someone else who knows the laws better will chime in.

Good luck!

They COULD fire her for taking an unauthorized break to nurse, or for violating some stupid, tiny rule that is never actually enforced - like "no personal calls during business hours" or "using company property for unauthorized use" (for checking her private e-mail at work)

It's petty and vindictive, but they would be within their rights.

I would find out from HR what the OFFICIAL policy on visitors and breaks are, get it in writing, and make 1000% sure that I wasn't violating any written policies that they could use to justify a termination for cause.

[Khourtniey]

Originally Posted by llamalluv

They COULD fire her for taking an unauthorized break to nurse, or for violating some stupid, tiny rule that is never actually enforced - like "no personal calls during business hours" or "using company property for unauthorized use" (for checking her private e-mail at work)

It's petty and vindictive, but they would be within their rights.

I would find out from HR what the OFFICIAL policy on visitors and breaks are, get it in writing, and make 1000% sure that I wasn't violating any written policies that they could use to justify a termination for cause.

If I were going to have to go through all that trouble Id probably just find a new job without all of the hassle.. One that was cool with breastfeeding and supportive of it..

[menomena]

Originally Posted by Khourtniey

If I were going to have to go through all that trouble Id probably just find a new job without all of the hassle.. One that was cool with breastfeeding and supportive of it..

In a perfect world this would be appropriate...

In our job market (Michigan - highest unemployment rate in the nation, woo), you kind of have to take what you can get. And employers know this. Many take advantage of the situation.

Any update, OP?

[llamalluv]

Originally Posted by Khourtniey

If I were going to have to go through all that trouble Id probably just find a new job without all of the hassle.. One that was cool with breastfeeding and supportive of it..

We have different perspectives, I guess. Having been terminated "for cause" during a "witch hunt" on what I would consider legitimate but typically unenforced violations*, I think that it's important to be aware of those "little known" policies and try not to break them. What you describe as a hassle, I consider to be essential.

*it was for "personal use of company property" - I, like every other employee, made local calls to friends, family, and nearby restaurants to order food. (On breaks and between customers, of course).