I’ve found myself leaving this information on multiple posts regarding issues with employers, so I thought I would make a separate post specifically about it.
My qualifications are 10+ years in the field of HR with my undergrad in HR management.
If you are presently on maternity leave (FMLA) with your employer, the first thing you need to do either BEFORE you get back or WHEN you get back is request ADA Certification with your HR department. Your pediatrician will work with you and your HR department to complete this process.
Personally, I completed the process before my return so it would be in place.
ADA (Americans With Disabilities Act) is federal law and required in all 50 states. It supports the Reasonable Accommodation requirement with employers. This includes pregnant and nursing mothers.
Larger employers will likely have a form, smaller may just require a letter from your pediatrician.
It should outline frequency of breaks needed for pumping/breastfeeding and anything else that protects your child’s nutritional well-being that is “reasonable” and does not put “undue hardship” on the business.
For me this looks like 45-minute breaks every 3-4 hours for pumping/breastfeeding and no travel (with ability to join out of town meetings virtually) until my LO is primarily on solids — which may be up to 1 year of age.
Once certified, your employer cannot deny you these accommodations without being in breech of ADA, which can result in the US Department of Justice suing the employer and placing fines up to $75,000 on them.
ADA covers any employer with 15 or more employees. Again — applicable in all 50 states because it is federal law.
One last thing — it is NOT up to your employer whether they accept an accommodation or not. If they deny a reasonable accommodation that a court of law would have found reasonable, they are in breech of federal law and subject to lawsuit and fines.
EDIT ***
ADDITIONAL INFO ON THE PUMP ACT
The Break Time for Nursing Mothers law, passed in 2010, requires employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the work day. While this was an important step, nearly one in four women of childbearing age were not covered by the Break Time law.
The PUMP for Nursing Mothers Act (S. 1658/H.R. 3110), signed into law on December 29, 2022, makes several important changes to this landmark legislation:
- Provides the right to break time and space to pump breast milk at work to millions more workers, including teachers and nurses
- Makes it possible for workers to file a lawsuit to seek monetary remedies in the event that their employer fails to comply
- Clarifies that pumping time must be paid if an employee is not completely relieved from duty
The legislation went into effect immediately when it was signed, however, the enforcement provision included a 120-day delay, making the effective date for that provision April 28, 2023. In addition, there is a 3-year delay in the implementation of the protections for railway workers. Unfortunately, due to significant industry opposition, the law does not apply to flight attendants and pilots.
My qualifications are 10+ years in the field of HR with my undergrad in HR management.
If you are presently on maternity leave (FMLA) with your employer, the first thing you need to do either BEFORE you get back or WHEN you get back is request ADA Certification with your HR department. Your pediatrician will work with you and your HR department to complete this process.
Personally, I completed the process before my return so it would be in place.
ADA (Americans With Disabilities Act) is federal law and required in all 50 states. It supports the Reasonable Accommodation requirement with employers. This includes pregnant and nursing mothers.
Larger employers will likely have a form, smaller may just require a letter from your pediatrician.
It should outline frequency of breaks needed for pumping/breastfeeding and anything else that protects your child’s nutritional well-being that is “reasonable” and does not put “undue hardship” on the business.
For me this looks like 45-minute breaks every 3-4 hours for pumping/breastfeeding and no travel (with ability to join out of town meetings virtually) until my LO is primarily on solids — which may be up to 1 year of age.
Once certified, your employer cannot deny you these accommodations without being in breech of ADA, which can result in the US Department of Justice suing the employer and placing fines up to $75,000 on them.
ADA covers any employer with 15 or more employees. Again — applicable in all 50 states because it is federal law.
One last thing — it is NOT up to your employer whether they accept an accommodation or not. If they deny a reasonable accommodation that a court of law would have found reasonable, they are in breech of federal law and subject to lawsuit and fines.
EDIT ***
ADDITIONAL INFO ON THE PUMP ACT
The Break Time for Nursing Mothers law, passed in 2010, requires employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the work day. While this was an important step, nearly one in four women of childbearing age were not covered by the Break Time law.
The PUMP for Nursing Mothers Act (S. 1658/H.R. 3110), signed into law on December 29, 2022, makes several important changes to this landmark legislation:
- Provides the right to break time and space to pump breast milk at work to millions more workers, including teachers and nurses
- Makes it possible for workers to file a lawsuit to seek monetary remedies in the event that their employer fails to comply
- Clarifies that pumping time must be paid if an employee is not completely relieved from duty
The legislation went into effect immediately when it was signed, however, the enforcement provision included a 120-day delay, making the effective date for that provision April 28, 2023. In addition, there is a 3-year delay in the implementation of the protections for railway workers. Unfortunately, due to significant industry opposition, the law does not apply to flight attendants and pilots.
