A Current Summary of Breastfeeding Legislation in the U.S.

By Elizabeth N. Baldwin, Esq., and Kenneth A. Friedman, Esq.

EMPLOYMENT SITUATIONS

Mothers who want to continue breastfeeding when they return to work may have a difficult situation on their hands, especially if there is no convenient place to express milk, or if their employer is not supportive of this health choice. As a result, several states have looked at trying to encourage employers to support breastfeeding mothers, and three states mandates that all employers do so.

If you live in Connecticut, Hawaii, Illinois, Minnesota or Hawaii, look at the language of your law, as employers there are required to accommodate breastfeeding mothers who return to work. Illinois just passed a similar law, but it has not yet been signed by the Governor. When it is, Illinois employees will also be protected. Other states consider it important enough to encourage it through legislation, but do not mandate it. For instance, California enacted a very positive and detailed Assembly Concurrent Resolution that contains important information about the importance of breastfeeding when mothers return to work, as well as encouragement of the public and private sector to support breastfeeding mothers. Georgia provides that employers can accommodate breastfeeding mothers. Texas and Florida set up projects to determine breastfeeding policies for state employees. While these projects have not resulted in laws requiring this for their state employees, it makes a strong statement to the private sector to consider this as a health choice. Texas and Washington set up incentive programs for private employers, in that they can advertise themselves as 'mother or infant-friendly' if they adopt the policies set up by the state.

Studies indicate that women who continue to breastfeed once returning to work miss less time from work because of baby-related illnesses, and have shorter absences when they do miss work, compared with women who do not breastfeed. (See "Comparison of Maternal Absenteeism and Infant Illness Rates Among Breastfeeding and Formula-feeding Women in Two Corporations" by Rona Cohen, Marsha B. Mrtek, and Robert G. Mrtek, published in the American Journal of Health Promotion , Nov/Dec 1995, Vol. 10, No. 2. ) Another study indicates that worksite lactation programs can increase breastfeeding rates among employed women to a level comparable to rates among women not employed outside the home. (See "The Impact of Two Corporate Lactation Programs on the Incidence and Duration of Breast-Feeding by Employed Mothers" by Rona Cohen and Marsha B. Mrtek; American Journal of Health Promotion, July/August 1994, Vol. 8 No. 6.).

U.S. Congresswoman Carolyn Maloney (N.Y.) drafted a federal bill, previously entitled "New Mothers' Breastfeeding Promotion and Protection Act." This bill, which supports breastfeeding by new mothers and encourages employers to support workplace lactation programs, has been resubmitted as separate bills to Congress. If passed, these bills would provide a tax credit for employers who set up a lactation location, purchase or rent lactation or lactation related equipment, hire a health professional, or otherwise promote a lactation-friendly environment; would clarify the Pregnancy Discrimination Act to ensure that breastfeeding is protected under civil rights law; would require the FDA to develop minimum quality standards for breast pumps. Note that the section that provided mothers with unpaid break time to breastfeed has not been resubmitted. There was too much controversy about this portion of the bill, and it is feared that this might undermine the other portions that have a better chance of being passed.

If you are having an employment problem, consider trying to educate your employer with how it benefits them as much as you and the baby. Look at the illnesses that breastfeeding reduces the risk of, and see if any of these are in your or the baby's father's family. If so, don't hesitate to emphasize how important it is that you breastfeed. Look at practical solutions that can work. Some mothers may benefit from discussing it ahead of time with their employer, and others may decide it is better to say nothing, and just pump when they return to work. Look at where you could express milk in privacy, as well as how much time to you really need to express. Is it possible to use your regular breaks to pump? If so, your situation may be easier to resolve, as your employer may not have any right to tell you what you do on your breaks! If it is taking you more than 15 minutes to pump, or if you feel the separations to work are affecting your milk supply, get some breastfeeding help. Contact your local La Leche League Leader, or a lactation specialist for help in deciding what pump to use, how to use it, and how to maintain your milk supply.

If it looks as if you might end up fired or needing to sue your employer, consult with an attorney right away to learn what time frames you are working under. There can be strict time limits on the filing of lawsuits, and it is important to know what those time limits are.

In any case, feel proud of yourself, that you want to be the best mommy you can, and also a good employee!

Last updated Saturday, July 29, 2006 2:36 AM by sjs.

Page last edited Sun Oct 14 09:33:13 UTC 2007.