Returning to work/breastfeeding - anyone clued up on my rights?

[moogdroog]

Disclaimer - may be long!
I'm going back to work at end of Feb and need some advice as to what my rights and my work's obligations are if anyone can help.
I will be working 3 days per week. My aim is to continue to breastfeed DD (8mo) morning and night (expressing during the day would just be too complicated, though I know I'm entitled to). The problem is that my work will involve the occasional overnight stay (most frequently one night, but I have needed to be away for 2 previously). DD is still waking through the night and needing feeding to settle, so I mentioned during an informal meeting with my boss that I was a bit concerned about this and I didn't know how we were going to manage (though I'm prepared to try!).
I've just received an oddly worded email from HR to say that I might have mentioned that I would have some difficultly in staying away so I should make a request for flexible working under the family friendly policy . But, if they have got this wrong then ignore the email .
When I returned to work with DS, work totally dicked me around and lied regarding my request for flexible working. I know that they don't have anyone else to do the overnighters and won't bend over backwards to ensure my BF can continue. Basically, I know the request will be turned down and suspect they just want it made official.
What I really want, is some informal agreement which ensures I can arrange my diary to schedule the 2-nighters to later on, and minimise the overnight stays as much as poss in the short term. I only have one application for flexible working per year, and don't want to waste it on this if I don't have to. Have I any rights regarding this?
I've obviously done some googling and have come across advice which says I have to notify them if I'm BF. Any advice on this? Is this done? I don't work with any dangerous chemicals or anything...
I don't feel particularly secure in my work and know that my Big Boss (not my line manager) neither likes nor values me. I want to handle this with the softest touch possible if I can.
Sorry for the essay!

I don't know how best to phrase your request but this leaflet seems to suggest that you and your baby would be protected under health and safety legislation. You would need to write to your employer to say that you are breastfeeding and they must then do a risk assessment. They should then take steps to avoid any risks (i.e. the risk that you can't continue breastfeeding which would be detrimental to both you and the baby's health) - including, but not limited to, temporarily altering your working conditions.

I haven't got any experience with this so all my knowledge comes from that leaflet so hopefully someone else will be along to give you advice.

Do you have a union or professional body that can advise? Have a look at or contact ACAS, both can be confidential and not fed back to your employer.
Do you know of any other person in your work place or in a similar work place that faced this issue, it could form the basis of a compromise. In general the contract of employment and the staff handbook if any are what you should be looking at first.

You say you do not want to waste the flexible working request, what are you thinking might come along that you would use the request for? I think you do ned to tread softly till you have a clear idea of what you are asking for and some framework for how it would be achievable, it butters no parsnips to know that if you were sacked that you have a claim for unfair dismissal. I am sure you would rather be in a job than not.
Good Luck

Hello. Try this lealet - latest advice put out by the NHS www.nhs.uk/start4life/Documents/PDFs/407349_C4L_BackToWork_acc.pdf
Also worth looking here www.hse.gov.uk/mothers/

Thanks all so far for the advice and links - will have a good read later.
Notthefullshilling - great idea regarding the union. Regarding the flexible working, we're hoping to relocate in the near future - far enough away that I might need to ask for some flexibility or working from home to manage the commute until I find something more local. Would rather have the application in my arsenal if I can, but if not then so be it...
Interesting news about the risk assessment...

do what i did get your health visitor to write a letter to your employer stating that you are a breastfeeding mother and these are the steps that need to be taken for you and your employer(my hv is brilliant and does anything to encourage breastfeeding ) this way you know you have a professional to back you up

Nice idea devonshiredumpling, it can not do any harm however the H&S point raised earlier would trump that if the employer after doing a risk assessment found that they could not allow the op to do what she wanted.

Sorry to hijack the thread, but, as a shift-working nurse, do you think the leaflet Smudged linked to suggests that I can argue with work that I should not be working nightshifts when I return to work because it might stop me continuing to breastfeed DD? She will be 9 months old when I return in Feb. I'm not sure the 13hr days with added travelling time will make it possible anyway as I have never been successful at expressing, but nightshifts mean I won't even be able to feed her at night if necessary. Has anyone ever successfully used this information to negotiate no nightshifts/ a change in shift patterns?

sorry to butt in too but thought i would say that i have been in a similar situation in that my job required me to do 2 sleep overs a week. i am still bf my nearly 10 month old on demand and through the night. I too havent had much success expressing and my LO has never had a bottle. i ended up handing in my notice as it was just impossible to do! it seems crazy but even though work places are meant to allow you to express and in some cases even bring your baby in to feed, in reality I think it is so impractical! it is such a shame because so often mothers are having to cut short the length of time that they may want to bf their children just because of the pressure to go back to work.

stegasaurus I suppose it would depend whether nightshifts would prevent breastfeeding. It sounds like the length of shifts might be more the problem. Who will look after DD while you are at work (day or night), is it close enough that she could be brought to you/you go to her if you were given breastfeeding breaks? The NHS leaflet (linked by Likesshinythings) also mentions the risk assessment process. The first step might be to find out what the general "breastfeeding after returning to work" policy is and then, if you don't feel that would be enough to enable you to continue, talk to a breastfeeding advisor or your manager about what would be reasonable.

From the NHS leaflet:

National Breastfeeding helpline: 0300 100 0212
Maternity Action Advice Line: 0845 600 8533

Just thought I'd update following a chat with the Maternity Action advice line (linked by Smudged above). They were really helpful and basically confirmed my understanding of what I'd read in their leaflet.
In my case it is not a flexible working request, as they are usually permanent and this is a temporary situation whilst I am still breastfeeding. As a BF mother, you retain the same rights you had whilst pregnant (H&S wise). Overnight stays could be deemed as a risk to both myself and my baby. Ultimately, they are obliged to make changes to accommodate my BF status (which they mentioned could be as extreme as suspending on full pay, though this rarely happens).
So, its nice to know that the law is behind me. I just now need to work on how to handle this softly.
Health and safety guidelines here: www.hse.gov.uk/mothers/law.htm
Stegasaurus - it absolutely seems to me that you have a case to temporarily change your shift patterns. Give the advice line a bell. Please keep us updated on how you get on (as will I).
Madam1mim - that's really sad that you had to hand in your notice. Did you try to reach a compromise with your employer, as it seems you had the law on your side?

Me again! Just to say that I've had a really enlightening conversation with Working Families. The lady confirmed the same as above really, but really helped with thinking through a way forward and how to phrase it.
Thoroughly recommend a conversation with them if you're in the same boat.
Working Families - 0800 0130313