tag:blogger.com,1999:blog-2548058196153174310.post4725602830559030388..comments2024-03-23T07:41:35.626-05:00Comments on Nurturing Moments: All Working Moms Deserve Breastfeeding SupportA Nurturing Momenthttp://www.blogger.com/profile/00456983985008360679noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2548058196153174310.post-38991413436193446422013-09-17T08:23:22.456-05:002013-09-17T08:23:22.456-05:00Cheryl,
Thank you so much for taking the time to ...Cheryl, <br />Thank you so much for taking the time to clarify this!A Nurturing Momenthttps://www.blogger.com/profile/00456983985008360679noreply@blogger.comtag:blogger.com,1999:blog-2548058196153174310.post-20985445245184900092013-09-13T09:15:56.949-05:002013-09-13T09:15:56.949-05:00Thank you so much for helping spread the word abou...Thank you so much for helping spread the word about this important legislation. One note though - just because your employer has fewer than 50 employees does not mean that they are exempt. ALL employers must comply, but small employers will be given the opportunity to apply for undue hardship in the event that a breastfeeding employee registers a complaint against the employer. There are no automatic exemptions. <br /><br />From the United States Breastfeeding Committee FAQ page on the federal "Break Time for Nursing Mothers" law (http://www.usbreastfeeding.org/Default.aspx?TabId=188):<br /><br />"The employer bears the burden of proof that compliance with the provision would be an undue hardship. In addition to demonstrating that the employer employs fewer than 50 employees, an employer that wishes to avail itself of the exemption must show that compliance would cause the employer “significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business.”<br /><br />The Department of Labor will not grant prospective exemption for undue hardship to employers. Since the law will only be enforced while an employee demonstrates the need for break time to express milk and employer conditions will vary over time, the undue hardship exemption will serve only as an affirmative defense in response to a Department of Labor investigation resulting from an employee complaint.<br /><br />The Department believes that this is a stringent standard that will result in employers being able to avail themselves of the exemption only in limited circumstances. Employers with fewer than 50 employees may not presume that having a smaller workforce by itself sufficiently demonstrates that compliance would pose a significant difficulty or expense; the difficulty or expense must be shown in light of the factors listed in the law."Anonymoushttps://www.blogger.com/profile/13509334218434596867noreply@blogger.com