SAMPLE LETTER TO EMPLOYER
No Legal Advice Intended: This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.
We are currently working on several sample letters to employers - including :
- Thank You Letter to Employer for BF Accommodations
- Nomination and Recognition Letter for BF Friendly Businesses
Below is a letter employees can use to ask for BF Accommodations.
SAMPLE LETTER TO EMPLOYER REGARDING BREASTFEEDING RIGHTS
(You may want to edit this letter and tailor it to your own circumstances. Or, you can ask us for help with that too!)
Dear ___________________, and Human Resources Director_____________________:
I am writing to make you are aware of current employment laws and best practices regarding breastfeeding, as I am either planning to be or are a breastfeeding employee.
I value my employment at this company and my goal is to maintain both my milk supply and my employment. I can meet your needs as an employee, while also meeting my and my child's health requirements at the same time with some reasonable accommodations. The following information and links are provided to avoid any confusion.
If the company has obtained a waiver and been granted exemption of these Federal Laws, it is requested that it be presented in plain sight.
1. The Affordable Care Act
The Patient Protection and Affordable Care Act (“Affordable Care Act”) amended section 7 of the Fair Labor Standards Act. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010.
Section 7(r) of the Fair Labor Standards Act – Break Time for Nursing Mothers Provision
Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk.Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: (r)(1)An employer shall provide-
- a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and
- a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
(2)An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. (3)An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. (4)Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.
2. Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964: Sexual harassment is a form of sex discrimination. As a result, when it occurs on the job it violates the laws against sex discrimination in the workplace, including Title VII of the Civil Rights Act of 1964.
(http://www.eeoc.gov/laws/statutes/titlevii.cfm) Also see The Pregnancy Discrimination Act 0f 1978 http://www.eeoc.gov/laws/statutes/pregnancy.cfm
Breastfeeding is a medical condition related to pregnancy.
See the EEOC Enforcement Guidance:
I am requesting break time/ an appropriate space/ a flexible schedule. I can suggest that a staff member cover me during my break time if needed and that the following space be created, simply and economically as follows...
Thank you for your cooperation,
CC: (Federal) US Department of Labor (DOL) and the State of NH DOL
NH Human Rights Commission
(Federal) Equal Employment Opportunity Commission
NH Civil Liberties Union
Best for Babes Organization
Rustik Baby Project at RustikEvents,com
Other (Union, Media, Ombudsman, etc.)