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Does this come under flexible working request or breastfeeding regulations?

9 replies

ItsAllGoingToBeFine · 24/06/2010 14:29

I am going back to work when DD is approx 11 months, and I hope to still be breastfeeding at this stage. I would anticipate that I would be feeding overnight/first thing am only. This is solely to avoid me needing to express whilst at work as that would not be possible with my job. I would like to continue breastfeeding until me or DD had had enough and have no qualms about e.g. feeding past two

My work would normally require me to go on frequent residentials where I would be away for three days (two nights). Whilst I was pregnant they did a risk assessment and I didn't do any residentials so it is possible. I would really like to not do residentials while I am breastfeeding for several reasons:

  • bonding time away from dd
  • would adversely affect my milk supply
-would need to pump whilst away or would explode
  • cannot really pump when away as:
*non-hygenic conditions (think almost camping), *also will be jointly responsible for groups of young people so will not be able to express when I want *would require an awful lot of overnight pumping to keep my supply up - this would result in sleep deprivation on top of the other issues.

I get on really well with my employers and (I think) the feeling is mutual. I don't want to screw them over, OTOH I don't want to stop breastfeeding just for work - I feel I am already compromising a lot by dropping day feeds so that I don't need to pump.

What do you think?

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violethill · 24/06/2010 17:21

I expect an expert will be along in a minute, but I would imagine as long as the employer provides appropriate breaks for you to express, and appropriate conditions for expressing, then you are on dodgy grounds if you don't want to do the residential bits that the job requires. I'm not sure what you mean by non-hygenic conditions,(some type of field work maybe?) but tbh there would be regulations covering working conditions for all employees, whether they are pregnant, breastfeeding or neither, so if conditions are that bad, I'm surprised other people aren't kicking up a fuss. I can't see many situations where it would be impossible to provide adequate facilties. I have known people go camping and express milk, for instance. As for not being able to express 'when you want' - well, no, that may not be possible, but as long as the employer is providing appropriate breaks, then there shouldn't be a problem. In many jobs you can't just go off to the toilet when you want - you have to wait for an appropriate break. Not a great comparison with bf but you know what I mean!!

You need specialist advice, but my first thoughts are that when your child is almost a year old, you would be pretty unreasonable trying to opt out of major aspects of your job.

ItsAllGoingToBeFine · 24/06/2010 18:26

The thing is there would be no official breaks: I could only express as and when, might have no opportunity, might be interrupted in the middle etc. There is no time when I could say I'm going to take 30mins to express.

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ItsAllGoingToBeFine · 24/06/2010 18:34

And I was under the impression that your employer could not ask you to do anything that might stop or adversely impact your b/f, and that there was no time limit on that. But that seems a bit harsh on the employer...

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emy72 · 24/06/2010 18:38

All I can say is that when I went back after my last mat leave (mind you my baby was then 6 months) I told them that I wouldn't be able to go away for work (2 nights) as I was breastfeeding at night and the baby wasn't taking a bottle (and the baby wasn't properly weaned yet, so major problem!).

They accepted it with no issues at all as they understood - I resumed as soon as that issue was over. So it might be worth talking to them about your concerns anyway...

violethill · 24/06/2010 18:41

But surely the employer can make adjustments so that you do have proper breaks, at agreed times, without interruptions? It's difficult to imagine a job where they literally cannot arrange that? Surely that's preferable to you not actually being able to return to your job? It's difficult to be precise without knowing the nature of your work, but I really can't imagine a situation where they can't provide a break, and somewhere to express. As I said before, I have known people express while camping! Camping doesn't have to mean a lack of hygeine! There is absolutely no reason why any of this should stop you bf anyway. Maternity leave used to be far shorter, and it was perfectly normal for women to still be bf on the return to work, often for many months afterwards. My first still had the early morning bf, two evening feeds and the overnight feed when I returned, and on occasions that I was away longer than normal I would express milk. It all sound perfectly do-able for a year old child tbh

ItsAllGoingToBeFine · 24/06/2010 18:55

I'm a youth worker and resis involve taking a group of "interesting" young people away and supervising them 24/7. The issue for me is that I would have to express in the toilet, at night, probably several times. I'd have to sterilise in boiling water in a pan (which takes time when I should be supervising) Anything could kick off at any moment. I might be able to express between about 1am-7am when the young people should be asleep, but there is no guarantee I would not be needed. Staff can't take showers in case something kicks of... and I need some sleep

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violethill · 24/06/2010 18:58

Re: the legal aspect - you are correct that there is no time limit, but the employer has the right to find alternative employment or to suspend you (on full pay) if this isn't possible.

I think in reality its a case of weighing up whether you work co operatively with the employer to see how you can do your job without having to stop expressing or bf, or whether you are prepared to risk being changed to another job within the company or even being suspended. It's not the case of suspension meaning you have done anything wrong, because you haven't. But in reality you would have to explain this to future employers etc. If you enjoy your work and have a good relationship with the employer I would try to work hard to keep things positive, because that's worth a lot

violethill · 24/06/2010 19:05

X posts there!

A toilet is not an acceptable place to express in. The guidelines make that clear.

However, it sounds as though you haven't talked this through with your employer. Hopefully they can make some adjustments to conditions and staffing which mean that you have somewhere private and clean to express, and staff levels guaranteed that you won't be interrupted while expressing.

I think the lack of sleep issue isn't relevant here though, because presumably the same situation applies to other staff - ie they might have things kick off, and not get any sleep for a night - clearly that's part of the job. You need to distinguish between the factors that are directly about you wishing to express, and the factors which are something everyone has to put up with. For example, Other staff with young children might argue that having sleepless nights affects them more adversely than a childless person. They could argue that when the childless person returns from the residential, they can catch up on sleep easier because they don't have parenting responsibilities. However, I wouldn't imagine that would give people with young children a mandate to say they don't have to do that part of the job.

ItsAllGoingToBeFine · 24/06/2010 19:39

violethill thanks for all the input I will start talking to my boss closer to the time

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