Pregnancy and childbirth come with a host of medical risks. Some women develop gestational diabetes and require an extended leave of absence from work. Others may have pre-eclampsia which leaves them largely restricted to bed in the last weeks of their pregnancy.
Even after the birth of a child, it can take quite some time for a woman to return to full health. Childbirth results in lactation. Some women intentionally suppress their lactation because they intend to use formula for their children. Others want to breastfeed.
Many mothers pump in addition to directly nursing their babies. Lactation can have health benefits for the mother, and breastfeeding can have health benefits for the child. Michigan state laws and federal statutes require that employers offer certain supports to lactating women. What rights do lactating women usually have in the workplace?
New mothers have the right to privacy
One of the most important considerations for someone who needs time alone with a newborn to nurse them or time to pump milk to maintain their supply is privacy. Breastfeeding and lactation rules make it very clear that a bathroom is not an acceptable place to express milk.
Employers generally need to offer access to a private space. Bigger businesses may have a designated nursing area. Others may give lactating women access to an unoccupied office or conference room. Access to refrigeration equipment is also important, as there needs to be a place to store the milk.
Women may need time for nursing or pumping
Employers generally have an obligation to provide women with as many unpaid breaks as they require to maintain their milk supply and avoid the painful side effects of engorgement. It is allowable for an employer to require that a woman use her paid breaks and meal breaks for pumping.
The employer generally also needs to provide additional breaks as necessary so that she can pump as long and frequently as necessary. Under federal rules, employers have to offer those accommodations for a year after the birth of a child. Michigan rules note that women can continue accessing lactation facilities after the first 12 months with permission from a supervisor.
Taking action is sometimes necessary when a company does not abide by crucial employment statutes that exist for the protection of new mothers. Women who experience pregnancy or lactation discrimination can potentially fight back for themselves and any other women who may work for the same company.
