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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Voluntarily Having to Quit After Baby

    My question involves unemployment benefits for the state of: California
    I had been working part time at a bank for over 5 years before becoming pregnant. Management had arranged other women's schedules to accommodate for childcare upon returning to work, so I had requested set, reasonable hours so I could do so also, as well as somewhere to pump (I was/am nursing) private that was not a communal bathroom or had cameras.
    When my leave was up and I was suppose to work, I was told that I could use the bathroom to pump and "due to management discretion" I would not get set hours, leaving me without being able to set up childcare, and forcing me to voluntarily quit.
    Am I able to receive benefits?

  2. #2
    Join Date
    Jan 2006
    Posts
    20,726

    Default Re: Voluntarily Having to Quit After Baby

    I do not believe so but the worst that can happen is you apply and are denied.

    the bathroom thing to pump sounds like it is likely a problem but it does not appear that is the justification for quitting but rather the inability to obtain childcare with the schedule you had so I did not look into your rights concerning the issue.

    There are a lot of people that do not have set schedules that arrange daycare for their children. It is not the obligation of the employer to alter your schedule simply so you can arrange childcare as you desire, especially since it appears your schedule after the birth was similar to the schedule prior to the birth.

    there are a couple folks much more knowledgeable than I when it comes to unemployment so hang around. I don't know how active they are on the forum today considering the holiday.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Nov 2007
    Location
    CA
    Posts
    2,130

    Default Re: Voluntarily Having to Quit After Baby

    Was there some where private that you could pump that wasn't communal that wouldn't inconvenience the company? Do the restrooms have stalls? If so, what's the problem with using the stall?
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  4. #4
    Join Date
    Jan 2006
    Posts
    20,726

    Default Re: Voluntarily Having to Quit After Baby

    Quote Quoting CourtClerk
    View Post
    If so, what's the problem with using the stall?
    Really? With you being a female you still ask that? I'm male and still find that disgusting. Would you take your lunch into a stall and eat there? I'm simply amazed at your response CC. This doesn't sound like you.

    as well, an employer is legally mandated to provide a space other than a bathroom stall for the purpose.



    (Cal. Lab. Code §1030, 1031)
    Every employer, including the state and any political
    subdivision, shall provide a reasonable amount of break time
    to accommodate an employee desiring to express breast milk
    for the employee's infant child. The break time shall, if
    possible, run concurrently with any break time already
    provided to the employee. Break time for an employee that
    does not run concurrently with the rest time authorized for
    the employee by the applicable wage order of the Industrial
    Welfare Commission shall be unpaid. The employer shall
    make reasonable efforts to provide the employee with the use
    of a room or other location, other than a toilet stall, in close
    proximity to the employee's work area, for the employee to
    express milk in private. The room or location may include
    the place where the employee normally works if it otherwise
    meets the requirements of this section.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,013

    Default Re: Voluntarily Having to Quit After Baby

    Employers cannot designate a toilet stall as a location for employees to express breast milk.
    Quote Quoting California Labor Code, Sec. 1031.
    The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,028

    Default Re: Voluntarily Having to Quit After Baby

    The law says that the employer must make a reasonable effort to provide a separate place. Which I think is CC's point. The employer is not required to build a new room on if there isn't an empty office or conference room or dressing area. We need the OP to come back and tell us whether there is one.

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