Any Law That Allows Mothers to Pump While Being at Work? (Like in Florida)

Updated on September 20, 2012
M.T. asks from Pompano Beach, FL
6 answers

Is there a law in Florida that allows their employees (mothers) to pump at work? I am allowed to at my job, as my boss does not mind, but I have heard many stories of mothers wanting to pump at work so they can continue to breastfeed, but their employer did not allow it. This resulted in the employee being fired, quit or just had enough and went to a different work field totally.

Does anyone know if there is a state or federal law that allows employees to pump at work, in particular, Florida (as I live in Florida and this may come in handy to know, if needed).

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So What Happened?

I just found a federal law, Section 4207 that came into effect in 2010 stating that employers must allow employees breaks to pump, up until their baby is age of 1. Also, employer can deduct pay for time while employee is pumping. If htat is the case, many people who have lost their jobs (of course as of 2010) or those in the situation currentlym can use this to help them...right?

http://www.flbreastfeeding.org/workplacelaw.htm

More Answers

J.W.

answers from St. Louis on

Here is the thing, you get breaks, you pump on your breaks. Other than California I know of no where that forces an employer to extend break time just because you are pumping.

Basically it falls under reasonable accommodations.
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Okay, looking at your what happened: Help them with what? I would think they were already allowed breaks, they chose not to pump during their breaks so how does this help them. It looks like they should have been allowed to clock out and pump but you can't prove that if offered that they would have accepted....whole mess of legal stuff....not worth the cost of the attorneys.

1 mom found this helpful

F.H.

answers from Phoenix on

I don't know that there is a "law" that makes it MANDATORY to pump. However, it is the law that employers allow breaks and lunch and the employee is allowed to do as they wish during those times. That should be enough to be able to pump as needed. Good luck.

1 mom found this helpful
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D.N.

answers from Chicago on

I checked out La Leche Leaugue since they have a lot of the articles and laws on their site. They have a map that was last updated in 2010 but it shows Florida and many surrounding states do not have these laws. So not fair. But they should be able to do it at break or lunch, I hope anyway. Totally stinks. the site is http://www.mothering.com/sites/resources/map.pdf

C.C.

answers from San Francisco on

California has a law regarding this:

"California Labor Code § 1030-1033.
2002: Chapter 3.8, Section 1030, Part 3 of Division 2 of the Labor Code

1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.
1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.
1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer."

When my first daughter was born, I worked for a company that is/was very friendly toward women, and they happily provided a locking office right near the kitchen where moms could pump. With my second daughter, I worked for a company where my boss told me, "I guess you don't value your career very much if you decided to have a second child AND now you're asking for somewhere to pump?!" Ultimately, the CA law gives employers wiggle room to get out of having to let you pump with the "if this causes problems for the employer, then never mind" clause at the end... :-/

PS: I know your question was specifically about Florida, but since there are a lot of moms on the site from other places, maybe the above reference can help them...

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P.K.

answers from New York on

Some employers do not mind and that is great. However, some moms
have jobs that do not allow for a break at the same time every day. My
DIL works as an echo tech and many days there are emergencies. She just cannot count on being able to pump. Some days she barely gets lunch,
so she has decided to nurse morning and night and will supplement formular during the day.

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A.L.

answers from Austin on

I think I found the same thing you did, in the Patient Protection and Affordable Care Act (Obamacare):
http://www.usbreastfeeding.org/Workplace/WorkplaceSupport...

And, I don't think that anyone would be able to use that, retroactive to 2010 - the Supreme Court hadn't technically declared the bill constitutional yet.

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