Voluntarily Having to Quit After Baby

[Soniad051]

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?

[jk]

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.

[CourtClerk]

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?

[jk]

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.

[Mr. Knowitall]

Employers cannot designate a toilet stall as a location for employees to express breast milk.

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.

[cbg]

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.

[cbg]

No, jk. The law does NOT say that it is prohibited. It says that the employer needs to make a reasonable effort to find something other than a toilet stall. Read it carefully. We do not know, because the poster never came back to say so, whether or not there such a place.

[jk]

so now you know if the bathroom has a locking door or not.

Fine, try this on for size. Problem solved: don't use the restroom.

SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.
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) 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
‘‘(B) 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.’’.

[jk]

No, jk. The law does NOT say that it is prohibited. It says that the employer needs to make a reasonable effort to find something other than a toilet stall. Read it carefully. We do not know, because the poster never came back to say so, whether or not there such a place.

the federal law I just cited does though.

[Soniad051]

So I finally got a decision and I was approved for unemployment benefits. The company cited health reasons as the reason I had to quit.

Oh and there was no where for me to go. Since it was a bank, all the rooms had cameras, except the bathroom and an old room that had asbestos and was used for random storage so maintenance was in and out all the time.