Can my employer request that I come in early or stay late because I need 2 breaks of 15-20 minutes in order to pump breast milk for my 3 month old?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer request that I come in early or stay late because I need 2 breaks of 15-20 minutes in order to pump breast milk for my 3 month old?

I am a salaried employee. I understand they do not have to pay me for breaks so can I tell them to deduct pay instead of making me come in early or stay late?

Asked on January 7, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can. Bear in mind that 1) any employer can have any employee work any hours the employer wants, unless the hours are set in a written employment (or union) contract); 2) as a salaried employee, you can be made to work any number of hours without additional pay. Therefore, they are within their rights to say that if you are taking  30 - 40 minutes in breaks to pump, that you should make up the time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption