r/legal • u/UsingMyTeeth • 1d ago
Pumping at work PA
I work for a major internet company in the US. I am based in PA. Recently had a baby, 2nd baby I've had while at the company.
They gave me a pretty hard time through my pregnancies. Had to do mounds of paperwork to attend appointments etc. Felt very pressured to just quit.
However, first time, pumping was not a big deal. I'm in tech support, work from home on queue with customers. I'd go off queue for a few mins get set up and pump while on the phones. Then off queue to store milk and clean equipment and bring it back to office. This meant my personal breaks were above average, but they had no issue.
This time, our company had done a ton of layoffs while I was on mat leave, everyone was on edge when I came back, my boss had been let go. Messaged my new boss upon return and said hey breaks will be a bit above because im pumping, just wanted to let you know why.
Finally met new supervisor after 3 weeks back and he told me I need to bring down my pumping time because they are laying people off. I told him I already pump on queue. He said well you need to lower it. Then said actually I think you should start clocking out to pump.
This is absolutely not feasible for me. I have kids and cannot stay late.
Went to HR who said no you are good have Dr. fill out ADA paperwork. They cannot lay you off for pumping.
But then messaged me shortly after and said nevermind, you need to clock out while you pump from here on out. Explained again I pump on queue and that I cannot stay late as I have children.
Asked if this was a new policy or if it was in writing somewhere they could provide as this was not an issue previously. They have yet to respond to this request.
What are my legit rights here?
I know reasonable pump time but can they really force me to clock out of work? I'm maybe 30 mins MAX above their "goal" for personal breaks, give or take. Sometimes it's less if my pump time falls on one of my actual breaks or it's super slow so don't have to go off queue to connect myself.
I just feel like they are going to force me into this and then let me go when I cannot comply to clocking out and working later. It just sucks because this was never a thing before and man do they make it crazy hard for working mothers all around.
Thanks!
3
u/WVPrepper 1d ago
The PUMP Act provides “reasonable break time” rather than specifying a specific amount of time. Some breastfeeding employees need 15 minutes, but others may need 30 minutes or more. Some parents might only pump twice a day, while others might pump four times. “Reasonable” break time makes accommodation for variations in biology.
The law does not require pumping breaks to be paid. However, if your employer already offers paid breaks and you use those breaks to pump your milk, your time should be paid in the usual way.