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This is shocking to me. What really scares me about this ruling is that now it has left other employers open to do the same thing.
I got very lucky with the bosses I had when I was pumping. I actually told them (2 men) during my interview that I was pumping mostly so that I could make sure that this place was the right place for me. They were actually excited about it. They were both fathers and went on to talk about how they would support me to make the pumping last as long as possible. They even turned a spare room into a pumping room for me and installed a couch so I could be comfortable. I was very lucky.
I was worried while interviewing that it would be an issue. With this one ruling, we have opened up a big can of worms and now nursing women aren't as protected as they should be.
This is very surprising and quite disappointing. I believe it was state law that mandated my last office designate a pumping room. Prior to that people used the supply closet. I hope there is an appeal.
I think the judge probably had no choice but to rule that way as it didn't seem that they were able to prove that her request to pump upon her return was the cause of her termination, nor does that situation fall under the current legal definition of a medical condition related to pregnancy or childbirth. Of course we all know you won't have milk to pump without having been pregnant...however it doesn't change it not falling into the legal definition.
In Texas we are a 'Right to Work' state, meaning you can be fired for any reason except for those strictly against the law.
So, for instance, if the 'return-from-maternity-leave-policy' required a written request to extend her leave past 6 weeks with the use of personal time, vacation time or family medical leave, and she only communicated verbally, then she would have legally 'abandoned her job' as stated in the article. Unless she can somehow prove they agreed and accepted her extended leave, they do not have to hold a job for her past the standard 6 weeks. Legally.
Since her leave and subsequent termination, the laws regarding pumping have changed so there has already been progress in that department. Now the lawmakers need to work to change the legal definition to include pumping in the pregnancy and childbirth related condition.
Strange. The article title says that it's not sex discrimination. That's all the article says. It doesn't say anything about breastfeeding.
Tex. Health Code Ann. § 161.071 (2001) requires the Department of Health to establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. (HB 391) Tex. Health Code Ann. § 165.002 (1995) authorizes a woman to breastfeed her child in any location. Tex. Health Code Ann. § 165.003 et seq. provides for the use of a "mother-friendly" designation for businesses who have policies supporting worksite breastfeeding. (HB 340) The law provides for a worksite breastfeeding demonstration project and requires the Department of Health to develop recommendations supporting worksite breastfeeding. (HB 359)
I hope that this woman eventually gets all back salary from this company if that is truely why she was fired. Hopefully too, this will open up and change laws or codes or whatever that need fixing!
The only way I could see it being an issue is if the employee uses it as an excuse to take extra time away from work, like not doing it on breaks and such. But I think many of our attitudes in this society tend to be anti-family and if the conservatives are as pro-family as they claim to be, then they should take up this issue. BTW, I was a nursing mother and had no problems whatsoever with pumping at work--they even supplied the pump and I just had to buy a kit. This was 17 and 20 years ago.
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