Pumping accommodations at work

[natablue]

Monday is my first day back to work after mat leave. While I was gone, I requested that privacy shades installed on my office windows so I can pump on my office while at work. My office overlooks a larger room where my staff works.

I wrote an email to my GM today to follow up, and included a link to the New York State labor law guidelines regarding pumping at work. and this was the response i got today:

"Hello natablue,

I am setting up an area in the newly remodeled Bathroom in the
Administration building. It is the most private place in our building for
you to take care of your needs. There is a new chair being delivered
tomorrow, the area is secure, private and clean.

We can't wait for you to return."

My question is are these accommodations legal? I know I can't be forced to pump in a bathroom. However, this area is kind of like a bathroom "foyer", it's technically part of the bathroom, but separate from the single stall, if that makes sense. There's a locking door separating the two areas. If I pump in here, which I would rather not, there is seriously no other private place in my whole workplace. If I DO pump here, I am also denying bathroom access to the other women in the building. Do you think this "foyer" area skirts the law regarding bathrooms and pumping? Or is this a "reasonable" accommodation? I'm so upset that I have to go back to this place that this was just another kick to the gut today. I'm just trying to figure out if I can push back on this if it's not compliant with the law. I also have no idea if this area has an outlet for my electric pump.

[ssmjlm]

A bathroom can't be a pumping place. And considering you would be blocking others from using it I would push back.

Can you go to HR?

[Velar Fricative]

I would push back. My pumping room is connected to the bathroom but it's clean, had a heavy locking door that odors can't seep through, and no one is prevented from using the bathroom while I'm there. The latter is the part that makes me wonder about the legalities but I really don't know the answer. I'm sorry! It would have certainly seemed like an easier job to just add shades to your office.

[VillainV]

I don't think this is legal, especially if it restricts others from using the restroom. Sounds like they did this rather than put blinds in your office because they thought it would work for any future lactation needs of other employees?

Is there any way you can put your own blinds up? That's obviously the best solution for YOU, and if they won't do it maybe you should just do it yourself.

[natablue]

Apr 18, 2014 18:17:02 GMT -5 ssmjlm said:

A bathroom can't be a pumping place. And considering you would be blocking others from using it I would push back.

Can you go to HR?

We are a really small company with no HR department. I have an office manager who handles HR-related issues. I think she will back the company on their accommodations, which kills me because she's also pregnant. However, her office has no public windows and a locking door, so this won't be an issue for her after she comes back after her baby

[Deleted]

I would push back. I understand its hard for small companies but if you have an office that they can put shades on that works better.

Sent from my SM-N900V using Tapatalk

[cricketwife]

The federal law states that the area must be "free from intrusion" so if they can guarantee that, it probably does fall within the laws -- as it sounds like it's not technically in the bathroom. Is there another bathroom that would be available to others if you used this space? If so, I would just use this space. It actually sounds rather nice. If not, I might use the space and let the others be the ones to kick up a stink that they can't get to the bathroom.

Of course, if you can install your own privacy shades, that would probably be the easiest solution.

[xokell2]

My husbands work is the same way, I'm appalled at how not pumping friendly they are, I push him to stress for this all the time.

How big are the windows? Would they allow you to put something up yourself?

[natablue]

Apr 18, 2014 18:40:17 GMT -5 cricketwife said:

The federal law states that the area must be "free from intrusion" so if they can guarantee that, it probably does fall within the laws -- as it sounds like it's not technically in the bathroom. Is there another bathroom that would be available to others if you used this space? If so, I would just use this space. It actually sounds rather nice. If not, I might use the space and let the others be the ones to kick up a stink that they can't get to the bathroom.

Of course, if you can install your own privacy shades, that would probably be the easiest solution.

In this building (which is actually across the parking lot from the building I work in) it is the only women's restroom. My building has a single, unisex bathroom.

This area they are giving me to pump in does lock from the inside, so I can prevent other employees from waking in while I am pumping. But as I mentioned, i would also be preventing access to the toilet area for the other female employees.

Aside from all of this, due to the nature of my job it is extremely difficult to get away from my desk for any length of time, even to eat. I don't take a lunch break and I feel that that, coupled with this pumping issue is setting me up to fail. I already have a ton of anxiety about keeping up my output with DS' needs, I am going to burn through my tiny freezer stash before my first full week back I'm going to be away from him for 11 hours a day while I'm working.

[natablue]

Apr 18, 2014 18:46:41 GMT -5 xokell2 said:

My husbands work is the same way, I'm appalled at how not pumping friendly they are, I push him to stress for this all the time.

How big are the windows? Would they allow you to put something up yourself?

I'm not sure if they will allow me to make to make any modifications to my office. I feel like are really insensitive, not to mention ignorant to this sort of thing. I'm the third woman there to have a baby in more than 10 years, and the first to actually return to work after having the baby. So they've never had to deal with this, but also aren't known for being supportive. I also work in an industry that's not exactly family friendly in many ways.

[curbsideprophet]

I would push back. Is there a conference room you can book?

[natablue]

Apr 18, 2014 19:08:29 GMT -5 curbsideprophet said:

I would push back. Is there a conference room you can book?

Yes, this is also located in the other building, I'll look into this as an option. Can they deny me access for this purpose?

[zarapipe]

Wait, so you have to leave your building, go outside and to another buildinb to pump?

[natablue]

Apr 18, 2014 19:11:33 GMT -5 zarapipe said:

Wait, so you have to leave your building, go outside and to another buildinb to pump?

Yes.

[zarapipe]

Apr 18, 2014 19:14:40 GMT -5 natablue said:

Apr 18, 2014 19:11:33 GMT -5 zarapipe said:

Wait, so you have to leave your building, go outside and to another buildinb to pump?

Yes.

Regardless as to if your comp is exempt from the law I would still push back. State the inconvience, the extra time away from your desk and how much more efficient you could be if you were able to stay in your office. I may even be inclined to ask why puttino up blindd is such a pita to them, not sure how to word that though.

[vmars]

I would frame it like this - "Thank you for taking steps to accommodate me, however, I feel it would be more productive if I am able to pump in my office. I will be able to do work while I am pumping and won't need to waste any time traveling to and from the bathroom x times per day. Pumping generally takes me x amount of time x times per day so this would def. make me more productive during the work day if I could stay at my desk and pump." If they push back mention the legalities surrounding pumping in a bathroom, but you may be able to get away with making it seem like it's to their benefit to let you do it in your own office. I work at a satellite office for a larger firm and they are putting a lock on an office for me to use to pump (there are already privacy screens too).

[Birdie]

Your company are assholes Is it possible to put up a tension rod with a curtain over the window to your office? That or I would tape paper up to the window and be like "deal with it fuckers".

[natablue]

Apr 18, 2014 19:15:21 GMT -5 deej said:

If your company is really small, it may be exempt from the law. Federal laws only apply to companies over 50 employees. Have you specifically checked if your state law mentions number of employees?

When I made the request, I attached a link to the New York State Department of Labor guidelines. I just double checked, and it says the law applies to all employers, regardless of size.

[cricketwife]

Okay, you have several issues/questions here.  I think that you are confusing your convenience and comfort with what the law actually says. I get that it's most convenient for you to pump in your own office.  That would be everyone's ideal; however, not everyone works in their own private office.  Your question was framed as a legal one - no, they don't have to accommodate you in your office.  I think that they could legally make a case for the space they are providing -- it's private, it's not technically part of the bathroom, as you described it yourself.  If there is still a bathroom for the other employees to use while you are using this bathroom foyer space, then, yes, I think that they have accommodated you within the framework of the law. (Although I don't know the laws with bathrooms - I don't think there's a requirement that there be one in every building.  If there's one in another building, that's probably fine.  We have a multibuidling campus and when the waters shut off for some reason, people just use another building.)

The law does not require that there be an outlet in the space provided. Yes, that sucks because who wants to bring a manual pump, but the law doesn't require an outlet.  And lots of women have to pump in a building that they do not work in. 

Many employers go above and beyond these minimal requirements and provide comfy chairs, outlets, refrigerators, etc.  And lots of women have to fight just to have their employers meet the minimum requirement. 

Lest, you think I'm against you, I'm not   But I do think that we, as woman, have to make a logical case that appeals to the employer, while trying to get our needs met. So yes, "push back" but in a "win more flies with honey" kind of way. 

For example:

Dear Office Manager,
Thank you so much for working to make accommodations for me.  I really appreciate it.  I was thinking about the inconvenience that it would be X number of women in the Y building, and wondered if we could consider installing the privacy blinds in my office that I mentioned before?  I think it would allow me to be more productive by not having to leave my desk, and it would save the company a lot of lost time by not having X number of women having to leave their building to use the bathroom facilities in Z building, while I pump in Y building.  I talked to so and so in maintenance and he said that it's about a 10 minute job to install the blinds. Here's the link to where I found them available for the best price.

Thank you,
Stellar Employee

 I don't think you can make this a legal battle because, at least not one that you can win.  You also don't want to be making enemies for yourself at work - it's a fine line, I know.  Not a lawyer, not legal advice, blah,blah...

ETA:  I'm not familiar with NY state.  I'm just talking about the federal guidelines, so maybe you do have a legal case in NY

[natablue]

Apr 18, 2014 19:26:18 GMT -5 vmars said:

I would frame it like this - "Thank you for taking steps to accommodate me, however, I feel it would be more productive if I am able to pump in my office. I will be able to do work while I am pumping and won't need to waste any time traveling to and from the bathroom x times per day. Pumping generally takes me x amount of time x times per day so this would def. make me more productive during the work day if I could stay at my desk and pump." If they push back mention the legalities surrounding pumping in a bathroom, but you may be able to get away with making it seem like it's to their benefit to let you do it in your own office. I work at a satellite office for a larger firm and they are putting a lock on an office for me to use to pump (there are already privacy screens too).

This is a good way to frame it. I'm already so busy at work I can hardly take time to eat, I don't know how I'm going to find the time to get away three times a day to pump and still get all of my work done. I don't understand why they just can't put up shades.

[natablue]

cricketwife I understand completely

Technically I suppose they are meeting the minimum requirements. But yes, it is a major inconvenience for me. I'm more disappointed than anything that they can't/won't make a basic accommodation, coupled with the anxiety of continuing to provide breast milk for DS when I return to work.

[cricketwife]

Apr 18, 2014 20:09:59 GMT -5 natablue said:

cricketwife I understand completely

Technically I suppose they are meeting the minimum requirements. But yes, it is a major inconvenience for me. I'm more disappointed than anything that they can't/won't make a basic accommodation, coupled with the anxiety of continuing to provide breast milk for DS when I return to work.

Trust me, I really do understand, and I feel for you.  If it's that small a company, I think I'd just put the shades up myself and play all innocent if anyone ever said anything, like, "Oh I was just thinking of all the poor women in the other building who wouldn't have a bathroom."  I mean, once they're up, who's going to take them down, right?

Good luck.  I hope it all works out for you.  I don't know if you read my BF thread, but I've just had to stop BFing and the ONLY good thing (well, okay besides regaining some sanity) is that I won't have to pump at work!  Best of luck to you. 

[Deleted]

Would static cling privacy film be a possibility? www.amazon.com/Rice-Paper-Window-Film-24-by-36-Inch/dp/B001MYLEJ4/ref=sr_1_3?ie=UTF8&qid=1397870331&sr=8-3&keywords=static+privacy+film

[curbsideprophet]

Apr 18, 2014 19:11:17 GMT -5 natablue said:

Apr 18, 2014 19:08:29 GMT -5 curbsideprophet said:

I would push back. Is there a conference room you can book?

Yes, this is also located in the other building, I'll look into this as an option. Can they deny me access for this purpose?

Do you need to tell them why you want to book the room? I would think some of it would just depend on the company and how busy the room normally is.