When EMT Heydi Fernandez returned to her New York ambulance dispatch station three months after giving birth, she discovered there was no private space for lactation. She resorted to pumping at a dining table when coworkers weren’t eating, fearing the sight might jeopardize her career.
Her concerns proved warranted when the company’s CEO made an unexpected visit while she was pumping. Fernandez recalled, “I was in a panic. I couldn’t shake his hand because I thought my hand might have milk on it. I wondered if I would get fired or if this would affect my future here.”
Legal framework protecting pregnant and postpartum workers
Under the Pregnant Workers Fairness Act, which took effect in 2023, employers with 15 or more employees must provide reasonable health and safety accommodations for workers who are pregnant or have recently given birth. The law covers a broad range of adjustments, from lifting restrictions and flexible scheduling to reduced exposure to hazardous chemicals. It also guarantees breaks and a private, non‑bathroom space for lactation.
In addition, the Providing Urgent Maternal Protections for Nursing Mothers Act, enacted in 2022, bars employers from retaliating against workers who request lactation accommodations. Both statutes impose a high legal standard on employers: they must prove that an accommodation would cause a significant difficulty or expense, a burden that courts have found difficult to meet.
Expert guidance for workers
Lawyers Cortney Shegerian of Shegerian Conniff and Inimai Chettiar, president of the nonprofit A Better Balance, advise workers to document every request and response in writing. “If you decide to tell your workplace what’s going on, keep track of how it goes, take notes, put things in writing, especially if you’re worried that they could retaliate,” Chettiar said.
Shegerian recommends informing an employer about a pregnancy once the pregnancy is far enough along that friends would already know—typically after the first trimester. She adds that workers should obtain any doctor‑recommended modifications in writing and share them promptly with their supervisors.
Fernandez’s outcome and broader implications
When a manager told Fernandez that her lactation breaks interfered with dispatch duties and gave her two weeks to change shifts, she called A Better Balance’s help line. The organization confirmed that altering a schedule because of lactation constitutes retaliation under the law. Ultimately, Fernandez was allowed to keep her original schedule.
“If my ambulance service is willing to accommodate my breastfeeding needs, there’s no reason why any other job should not be willing to,” Fernandez said, underscoring the legal protections now available to mothers nationwide.
What workers should know
Pregnant and postpartum employees can request accommodations such as reduced lifting, flexible hours for medical appointments, and private lactation spaces. Employers cannot force an employee onto leave or punish them for requesting these adjustments. Workers who face discrimination or retaliation can seek recourse through the Equal Employment Opportunity Commission or state labor agencies.
For those navigating job interviews, experts caution that while disclosing a pregnancy can raise concerns about promotion or hiring, it is illegal for an employer to automatically disqualify a candidate because of a future pregnancy. “I would hate for the illegal thing to happen, which is that an employer automatically says, ‘This person is going to be out in nine months… we just don’t want to deal with that,’” Shegerian warned.
These protections extend beyond pregnancy. Women who experience miscarriage or postpartum depression may request paid or unpaid leave, and they remain entitled to lactation breaks and private spaces.
As more workers become aware of their rights under the Pregnant Workers Fairness Act and related legislation, stories like Fernandez’s illustrate the importance of asserting those rights and holding employers accountable.
Original reporting: Herald-Standard – latest news for Uniontown, Pennsylvania — read the source article.
