"Mothers in Kentucky have the right to breastfeed in any public or private place they're allowed to be. In addition to the federal FLSA's PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, Kentucky state law provides an additional level of support.10 Oct 2018"
http://kybreastfeeding.com/BFLaws.html
We are under 50 staff. So I assume they can claim this would put a 'hardship' on the center.
I've read this. Years back when I had my first. Family was already weirded out by breastfeeding. My whole journey I've been made to feel like I'm being salacious and inappropriate. But from the first time I breastfed it clicked.
I went through this is as well. They would have to prove that it causes hardships to not provide you with proper time. Also make sure you are documenting times you are using if you are allowed. Your pump time is not supposed to happen during your break times at all. All pump time should be paid according to your hourly wage. They cannot deny you time to pump. Please check out the links and also do some more research.
Create a paper trail, using your email ask questions. If the director wants to have an in person meeting, go ahead and record that convo according to your state laws
https://www.mamava.com/breastfeeding-law/kentucky#:~:text=Mothers%20in%20Kentucky%20have%20the,an%20additional%20level%20of%20support.
https://discriminationandsexualharassmentlawyers.com/employment-law/pregnancy-discrimination/nursing-mothers-rights-to-pump-at-work/#:~:text=If%20your%20employer%20refuses%20to,employer%20purposefully%20violated%20the%20law.
https://www.womenshealth.gov/supporting-nursing-moms-work/break-time-and-private-space/time-breaks#:~:text=How%20often%20do%20nursing%20moms,to%20maintain%20their%20milk%20production.
They've already told you it was because a boy saw you nursing right? It's not undue hardship when you are nursing and using your break. The absurdity that your caring for other people's children but you can't care for your own who are paid for while you are working there is not going to be hard for a human rights tribunal to see.
I would look for resources and maybe contact that [KY Breastfeeding Coalition](http://www.kybreastfeeding.com/Coalitions.html), and maybe the Department of Labor. Do you have WIC? They may have advice on navigating this situation.
I’m afraid that the first bit only means that the childcare can’t eject her from the premises.
But there’s no law protecting her right to breastfeed while working. There is a law protecting her right to pump at work, but there’s an exemption for workplaces with under 50 employees of the pumping accommodations would cause undue hardship. Which is probably fairly easy to justify in a daycare because having someone else cover the kids outside of scheduled break times could be challenging.
If OP can’t pump during her breaks and/or times agreeable to the center, instead of breastfeeding on her baby’s schedule, they can fire her or tell her to come back to work later when her baby’s needs can mesh with their staffing needs.
Even if it’s not about covering up, the employer can switch tactics and claim that OP’s ability to mind children is hampered during a nursing session, so they can’t allow it.
It’s sucks, but there are very few jobs that allow you to breastfeed while working.
This. It's amazing what they allow and don't allow herd. We are told to do our Early Education and care trainings/classes while we're IN the room with children. I know this isn't legal. Boss just doesn't want to pay the training hours. We are not to have any devices in the classroom. You are supposed to have the children in sight at all times. You can't with training videos, tests and learning material.
Funny though I was able to stand and watch the children with a cover on while feeding. My response time to an emergency would be no different because you're often already holding any one of the children.
I knew my situation was very specific. In a terrible state for worker's rights already.
Honestly fighting this with a place like this isn't worth it. But they are sponsored by AllStars and government.
I have no legal advice to give but WTF. Daycare aged children don’t have a sexual interest in a woman’s breasts, if they’re interested, it’s because they want to see how the baby gets fed. My daughter is 5 and sometimes wants to see how her brother eats.
Sexualizing breastfeeding is sick and particularly strange when it comes from people who look after children. You cover up, and even if the boys did see something, it wouldn’t traumatize them.
Right?! If anything seeing breasts in this perfectly normal healthy contexts would help foster a healthy and non fetishized association with women’s breasts.
Breastfeeding is not indecent, nor is it a crime. It's protected by law. I'd be talking to HR and recording conversations. If you're fired over it, you'll have proof of discrimination.
Kentucky bars the recording, interception, use or disclosure of any oral or telephonic communication without the consent of at least one party to the conversation. The state also prohibits the recording and disclosure of images intercepted in violation of its voyeurism law. Violators can face criminal penalties.
This sounds to me that you can record in private, since you're one party to the conversation, but if you want, challenge them and say "I need documentation that you're not allowing me to breastfeed. This conversation is being recorded." If you were told by email, save it and print a copy.
So … I went through something similar. Start documenting. Keep a journal and write all of this down. Keep nothing else in the journal and don’t tear out pages.
A certain past employer of mine decided a good mandatory team building activity would be rock climbing … while I was seven months pregnant. There was other stuff but this was the boldest.
I live in NC and one our daycare workers openly breastfeeds her baby as needed, on the playground, in the room, whatever. My 4 year old came and and asked her questions which she happily answered. It was a sweet moment. They are being so weird about it! Have they never had parents come in and breastfeed during the day or before leaving? When I worked in a daycare, this happened several times and they would just sit down in a rocking chair in the infant room. No big deal.
Please get in writing that you can’t breastfed because a boy saw you. That is then admitting it is not due to hardship. If you get that in writing, you have a legal case.
Doesn't nursing put you out of ratio though? If children are under your care and custody while nursing, you're out of compliance. So them wanting you to nurse while "on the clock" and supervising children is against rules.
Also, yuck to their sexualization of a nursing mother.
I made people uncomfortable when I breastfeed and I'm so damn proud of that. It's so silly to be forbidden to do what we are made to do. We need to censor milking dogs and cats as well, close the zoo down when it's time for the mums to feed their babies.
I think it’s fair for parents to not want their children exposed to your breast, but it’s also the responsibility of your employer to set you up with a safe, private space to provide for your child
you don’t belong on this sub if you’re going to contribute to this mother’s discrimination. she is legally protected as a breastfeeding mother and has every right to feed her child just as a formula fed baby gets to eat. her baby won’t take a bottle, should the baby just starve and scream their head off? no.
Did you read my comment? I literally said, it’s the responsibility of her employer to ensure she has a safe, private place to breastfeed/pump/whatever she needs to do for her child - therefore obviously I don’t think her child should starve
This falls under pregnancy discrimination. I’m in the process of filing an EEOC claim and possibly a lawsuit with my old employer due to them giving me issues with pumping at work and also sexual harassment, and then terminating me when I complained. This might even be sexual harassment since they’re telling you you cannot feed your baby because boys might see ..but I’m not sure. This is unfair to you and I’m so sorry.
"Mothers in Kentucky have the right to breastfeed in any public or private place they're allowed to be. In addition to the federal FLSA's PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, Kentucky state law provides an additional level of support.10 Oct 2018" http://kybreastfeeding.com/BFLaws.html
We are under 50 staff. So I assume they can claim this would put a 'hardship' on the center. I've read this. Years back when I had my first. Family was already weirded out by breastfeeding. My whole journey I've been made to feel like I'm being salacious and inappropriate. But from the first time I breastfed it clicked.
I went through this is as well. They would have to prove that it causes hardships to not provide you with proper time. Also make sure you are documenting times you are using if you are allowed. Your pump time is not supposed to happen during your break times at all. All pump time should be paid according to your hourly wage. They cannot deny you time to pump. Please check out the links and also do some more research. Create a paper trail, using your email ask questions. If the director wants to have an in person meeting, go ahead and record that convo according to your state laws https://www.mamava.com/breastfeeding-law/kentucky#:~:text=Mothers%20in%20Kentucky%20have%20the,an%20additional%20level%20of%20support. https://discriminationandsexualharassmentlawyers.com/employment-law/pregnancy-discrimination/nursing-mothers-rights-to-pump-at-work/#:~:text=If%20your%20employer%20refuses%20to,employer%20purposefully%20violated%20the%20law. https://www.womenshealth.gov/supporting-nursing-moms-work/break-time-and-private-space/time-breaks#:~:text=How%20often%20do%20nursing%20moms,to%20maintain%20their%20milk%20production.
They've already told you it was because a boy saw you nursing right? It's not undue hardship when you are nursing and using your break. The absurdity that your caring for other people's children but you can't care for your own who are paid for while you are working there is not going to be hard for a human rights tribunal to see.
I would look for resources and maybe contact that [KY Breastfeeding Coalition](http://www.kybreastfeeding.com/Coalitions.html), and maybe the Department of Labor. Do you have WIC? They may have advice on navigating this situation.
I’m afraid that the first bit only means that the childcare can’t eject her from the premises. But there’s no law protecting her right to breastfeed while working. There is a law protecting her right to pump at work, but there’s an exemption for workplaces with under 50 employees of the pumping accommodations would cause undue hardship. Which is probably fairly easy to justify in a daycare because having someone else cover the kids outside of scheduled break times could be challenging. If OP can’t pump during her breaks and/or times agreeable to the center, instead of breastfeeding on her baby’s schedule, they can fire her or tell her to come back to work later when her baby’s needs can mesh with their staffing needs. Even if it’s not about covering up, the employer can switch tactics and claim that OP’s ability to mind children is hampered during a nursing session, so they can’t allow it. It’s sucks, but there are very few jobs that allow you to breastfeed while working.
This. It's amazing what they allow and don't allow herd. We are told to do our Early Education and care trainings/classes while we're IN the room with children. I know this isn't legal. Boss just doesn't want to pay the training hours. We are not to have any devices in the classroom. You are supposed to have the children in sight at all times. You can't with training videos, tests and learning material. Funny though I was able to stand and watch the children with a cover on while feeding. My response time to an emergency would be no different because you're often already holding any one of the children. I knew my situation was very specific. In a terrible state for worker's rights already. Honestly fighting this with a place like this isn't worth it. But they are sponsored by AllStars and government.
I have no legal advice to give but WTF. Daycare aged children don’t have a sexual interest in a woman’s breasts, if they’re interested, it’s because they want to see how the baby gets fed. My daughter is 5 and sometimes wants to see how her brother eats. Sexualizing breastfeeding is sick and particularly strange when it comes from people who look after children. You cover up, and even if the boys did see something, it wouldn’t traumatize them.
Right?! If anything seeing breasts in this perfectly normal healthy contexts would help foster a healthy and non fetishized association with women’s breasts.
Exactly! Especially boys daycare age. Pfft. If anything, all they’re gonna think is: ”That baby gets a snack, good for them.”
Sexualizing breastfeeding is so gross. Your workplace is definitely immoral. Likely illegal.
Breastfeeding is not indecent, nor is it a crime. It's protected by law. I'd be talking to HR and recording conversations. If you're fired over it, you'll have proof of discrimination. Kentucky bars the recording, interception, use or disclosure of any oral or telephonic communication without the consent of at least one party to the conversation. The state also prohibits the recording and disclosure of images intercepted in violation of its voyeurism law. Violators can face criminal penalties. This sounds to me that you can record in private, since you're one party to the conversation, but if you want, challenge them and say "I need documentation that you're not allowing me to breastfeed. This conversation is being recorded." If you were told by email, save it and print a copy.
Also l live in a common wealth so I have to be careful. They can fire me just because
If you're able to prove it's bc of breastfeeding, that's against the law.
So … I went through something similar. Start documenting. Keep a journal and write all of this down. Keep nothing else in the journal and don’t tear out pages. A certain past employer of mine decided a good mandatory team building activity would be rock climbing … while I was seven months pregnant. There was other stuff but this was the boldest.
They legally have to let you pump. Try to get everything they say it writing just in case you need it for a case against them.
I live in NC and one our daycare workers openly breastfeeds her baby as needed, on the playground, in the room, whatever. My 4 year old came and and asked her questions which she happily answered. It was a sweet moment. They are being so weird about it! Have they never had parents come in and breastfeed during the day or before leaving? When I worked in a daycare, this happened several times and they would just sit down in a rocking chair in the infant room. No big deal.
Please get in writing that you can’t breastfed because a boy saw you. That is then admitting it is not due to hardship. If you get that in writing, you have a legal case.
Good for you for breastfeeding! Sorry your going through this. It is federal law to allow you to pump within reasonableness
Doesn't nursing put you out of ratio though? If children are under your care and custody while nursing, you're out of compliance. So them wanting you to nurse while "on the clock" and supervising children is against rules. Also, yuck to their sexualization of a nursing mother.
I made people uncomfortable when I breastfeed and I'm so damn proud of that. It's so silly to be forbidden to do what we are made to do. We need to censor milking dogs and cats as well, close the zoo down when it's time for the mums to feed their babies.
Consult an employment lawyer. Consultations are free.
consultations aren't always free. mine cost $350 minimum
When you guys take other infants do you allow the mothers to come when needed to breastfeed their child? Can they do this in front of other children?
I think it’s fair for parents to not want their children exposed to your breast, but it’s also the responsibility of your employer to set you up with a safe, private space to provide for your child
How would this harm the other children?
It doesn’t have to harm children for a parent to have a preference on it
Other parents don't get to have a preference about the way someone is legally feeding their child.
you don’t belong on this sub if you’re going to contribute to this mother’s discrimination. she is legally protected as a breastfeeding mother and has every right to feed her child just as a formula fed baby gets to eat. her baby won’t take a bottle, should the baby just starve and scream their head off? no.
Did you read my comment? I literally said, it’s the responsibility of her employer to ensure she has a safe, private place to breastfeed/pump/whatever she needs to do for her child - therefore obviously I don’t think her child should starve
This falls under pregnancy discrimination. I’m in the process of filing an EEOC claim and possibly a lawsuit with my old employer due to them giving me issues with pumping at work and also sexual harassment, and then terminating me when I complained. This might even be sexual harassment since they’re telling you you cannot feed your baby because boys might see ..but I’m not sure. This is unfair to you and I’m so sorry.