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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My daughter is a Physician's Assistant at a large hospital

Customer Question

My daughter Amber is a Physician's Assistant at a large hospital in Boise, Idaho.
She has been pumping for breast milk at work during her lunch hour and recently received this message that she was not seeing enough patients due to this!
Is this legal? Below is the message she received from her boss today.
Hi Amber,
I am happy to meet, and actually, I think the issue has been resolved. Per the Med Subspecialties APC standard for patient access hours of 28 hours of patient time available per 1.0 FTE, you are required to provide 21 hours per week of patient appointment time. Due to pump breaks, your access time was falling short, but Cinda informs me that you are pulling those breaks off of your schedule. Also, it looks like you are scheduled through some of your lunches to make up for APC meetings with Dr. Loveless.
Is there a good day/time to put something on our schedules? Perhaps even a call before or after clinic?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard

Employers are required to provide a reasonable amount of break time and a space to express milk as frequently as needed by the nursing mother, for up to one year following the birth of the employee’s child. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. The space provided by the employer cannot be a bathroom, and it must be shielded from view and free from intrusion by coworkers or the public

However, if the time is specially allotted for the pumping, it does not need to be paid. Under the Fair Labor Standards, employees are not required to give "breaks" If they do anything 20 minutes or less are to be paid for- more than 20 minutes can be considered for "lunch" and that does not have to be paid.

I suggest she needs to discuss the law as in this link and work with the employer to ensure she is getting the time to pump and also any other lunch time that other employees are getting all the while being able to maintain the employers expectations as to how much work hours should be in a week.

You ask is it legal, it is illegal not to provide breaks. But the employer can demand she keep up her work schedule.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you