Can a person who answers the phone at an insurance company tell me not to breast feed and give my baby formula?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person who answers the phone at an insurance company tell me not to breast feed and give my baby formula?
I called my insurance company to figure out if I needed to make a new claim to my maternity leave or if it’s still the same claim because of breast feeding issues and she told me that breast feeding issues will not keep me out of work and that I can just give my baby formula. Is she allowed to tell me that?
Asked on March 16, 2012 under Insurance Law, Delaware
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is entirely possible for a representative for your insurance carrier to give you the advice that you received. Whether or not such advice is good advice or legally permissible is another matter.
As the mother of your child, it is up to you and the child's pediatrician to decide the best way to feed the baby, not the insurance carrier's representative. Under the laws of most states, allowing breast feeding breaks for a mother to produce milk for her child is required, specifically in California.
I would call your insurance carrier and speak with that representative's supervisor should you have any complaint about the information you received.
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.