Accommodations For Nursing Mothers
As a working mother, you likely need to take time out of your day to nurse your child or use a lactation pump. If your employer does not have a clear policy regarding your right to do this, you may still have a cause of action should you be punished or fired. The employment lawyers at Reisner & King LLP can explain your rights and help you assert them in court. We serve the Los Angeles area with experienced and aggressive legal representation.
What Is An “Implied-In-Fact” Contract?
Under California law, an employment contract need not be a written document signed by the employer and the employee. Another form of contract, called an “implied-in-fact” contract, can arise from oral promises the employer made or a pattern of behavior from one or both parties over time.
For example, if your employer told you during your job interview that you would be able to take regular nursing breaks, that may suffice as an implied contract. Another example of an implied-in-fact contract would be if your manager had previously granted nursing breaks to several women in your workplace. This would create a reasonable expectation that you are entitled to the same accommodations — one that potentially can be enforceable in court.
If you believe you have an implied-in-fact contract giving you the right to nursing breaks, one of our attorneys will help you make your case with your employer. Together, we will protect your rights as a mother.