working mother

Article 14 of the Labor Code prohibits employment discrimination on the basis of sex, as well as race, color, religion, political opinion, national or social origin, or any other condition. Article 151 provides specific protections for women, prohibiting employers from treating single and married women differently, from dismissing pregnant or breastfeeding workers unless there is just cause, or from requiring pregnant women to perform heavy physical labor during the last three months of pregnancy.

Law No. 27240 requires employers to provide working mothers a one-hour daily break for breastfeeding. The law states that an employee cannot exchange this benefit for another benefit or compensation and that the employer and employee can agree on the breastfeeding schedule. The law initially granted this right to working mothers until the child reached six months old. In 2001, Law No.

Under the Nursing Mothers in the Workplace Act, employers in New York State must provide break time and a private, shielded space for employees to express breast milk. Amendments require written policies, disclosure to new hires, and minimum standards for lactation spaces, including privacy and access to seating and electricity. The statute safeguards lactating workers from discrimination and promotes retention after childbirth.

In Pitts-Baad v. Valvoline Instant Oil Change, the plaintiff was an assistant manager being considered for promotion, but failed to complete the required courses. While eight months pregnant, she fell at work and reported the injury on her doctor’s advice. After returning from maternity leave, she experienced a hostile environment marked by distrust and long delays in being allowed to pump breast milk. Following an incident in which she did not follow proper procedures during an oil change, her employment was terminated.

Article 63 of the Code of Labor Laws prohibits overtime work for pregnant women and women with children under the age of three. This rule is meant to protect women, but at the same time it makes them vulnerable to discrimination. The direct application of this rule violates women's right to freely choose their work, restricts women's access to jobs for which additional payment is provided (for example, under the hourly payment system, overtime work is paid at doubled hourly rate), and can also inhibit women’s career and professional growth.