Can a person who answers the phone at an insurance company tell me not to breast feed and give my baby formula?

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Can a person who answers the phone at an insurance company tell me not to breast feed and give my baby formula?

I called my insurance company to figure out if I needed to make a new claim to my maternity leave or if it’s still the same claim because of breast feeding issues and she told me that breast feeding issues will not keep me out of work and that I can just give my baby formula. Is she allowed to tell me that?

Asked on March 16, 2012 under Insurance Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is entirely possible for a representative for your insurance carrier to give you the advice that you received. Whether or not such advice is good advice or legally permissible is another matter.

As the mother of your child, it is up to you and the child's pediatrician to decide the best way to feed the baby, not the insurance carrier's representative. Under the laws of most states, allowing breast feeding breaks for a mother to produce milk for her child is required, specifically in California.

I would call your insurance carrier and speak with that representative's supervisor should you have any complaint about the information you received.


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