Can my employer request that I come in early or stay late because I need 2 breaks of 15-20 minutes in order to pump breast milk for my 3 month old?
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Can my employer request that I come in early or stay late because I need 2 breaks of 15-20 minutes in order to pump breast milk for my 3 month old?
I am a salaried employee. I understand they do not have to pay me for breaks so can I tell them to deduct pay instead of making me come in early or stay late?
Asked on January 7, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can. Bear in mind that 1) any employer can have any employee work any hours the employer wants, unless the hours are set in a written employment (or union) contract); 2) as a salaried employee, you can be made to work any number of hours without additional pay. Therefore, they are within their rights to say that if you are taking 30 - 40 minutes in breaks to pump, that you should make up the time.
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