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Federal Laws and Breastfeeding at the Workplace

Background

Mothers are a fast growing section of the workforce. According to the Centers for Disease Control and Prevention (CDC), 70% of mothers who have children under than three years old work full time Center for Disease Prevention and Control. Support for Breastfeeding in the Workplace . One third of those mothers return to work within three months of giving birth to their child, and two thirds of these women return to work within 6 months of giving birth Center for Disease Prevention and Control. Support for Breastfeeding in the Workplace . Mothers who work full time have much lower rates of exclusively breastfeeding at 6 months than the national average of 13.3% . This is especially the case for mothers who are low income are disproportionately affected since financial necessity obligates them to return to work sooner.

History

In March of 2010 President Barack Obama signed the Patient Protection and Affordable Care Act and the Reconciliation Act of 2010 amongst the many revisions, Section 4207 of the Fair Labor Standards Act was revised. This revision requires employers who have 50 or more employees to provide unpaid reasonable time and a space for up to one year for lactating women who wish to express their milk . Unfortunately, this amendment does not require employers to pay their employees who take time to express their milk, or lactating women who work for businesses who have less than 50 employees. In the United States, there is currently no federal law that protects all lactating mothers in the workplace. However, there are states that have already required this from all businesses via state laws. The following states require all employers to give reasonable work breaks and space for pumping: California, Connecticut, Hawaii, Illinois, Minnesota, Mississippi, Montana, New Mexico, New York, Oregon, Rhode Island, and Tennessee Center for Disease Prevention and Control. Support for Breastfeeding in the Workplace . Of these, only California, Hawaii, and Oregon have penalties for employers that do not comply. In California, the penalty is $100 per violation . Every state that requires employers to give reasonable work breaks and space for pumping, with the exception of Mississippi, Rhode Island, and Tennessee, have higher rates of initiation of breastfeeding than the national average of 76.9%⁴. The States that have penalties if companies do not comply have higher rates of exclusive breastfeeding at 6 months as well as breastfeeding at 12 months⁴.

Purpose of these laws

Breastfeeding benefits both mothers and babies. Breast milk is an ideal source of nutrients for an infant . The American Academy of Pediatrics recommends at least six months of exclusive breastfeeding, which means that the only form of nutrition the child receives is through breastfeeding . A benefit of breastfeeding is the passing of antibodies from mother to child, which protects the infant by building its immune system . The breast milk contains key nutrients and bioactive substances such as antibodies, nucleotides, enzymes, and white blood cells . The combination of the nutrients and essential substances will not only help prevent a child from illness, but it will also help to reduce ear infections, respiratory diseases, gastrointestinal infections, spinal-infections, and urinary tract infections . Breast milk encourages the growth of healthy bacteria in the gastrointestinal tract, and inhibits disease-friendly bacteria from growing, such as E. Coli . Breastfeeding also promotes strong cardiovascular mechanisms and proper brain development . Breastfeeding also has positive effects on mothers. Mothers who breastfeed have a quicker physical recovery after their baby is born A . Studies have also shown that there is an association between breastfeeding and reduced risk of breast cancer, ovarian cancer, cardiovascular disease, and diabetes II .

Rights given to Lactating Mothers

The amendment through the Fair Labor Standards Act states a space as small as 4 feet X 5 feet in size would suffice, as long as there is an electric outlet for the pump , . A temporary screen in a section of a room would also be sufficient, since mothers can only use the space until their child hits year one. Employees should never be made to breastfeed in a restroom or stall, as this is unsanitary , . It is recommended that women who are lactating should express their milk every 2 hours, a typical expression should take about 20 minutes , . In a typical 8-hour workday, the following schedule may be appropriate :

8:00 a.m. Workday Begins

9:45-10:00 First break is given, express milk during this time

12:00 Lunch time used to express milk

2:30-2:45 Second break is given, express milk during this time

5:00 Workday ends

In terms of accommodating time for breastfeeding, existing breaks may be used. If pumping takes more time than is allowed in breaks, then the employee could come in earlier or leave later, or women can ask their co-workers if they can cover for them if and when needed.

Breastfeeding Promotion Act of 2011

A federal bill, S 1463, also known as the Breastfeeding Promotion Act of 2011, was introduced to Congress in 2011 by Senator Jeff Merkley, and unfortunately has yet to be passed . Accessed October,2013, it is unknown when it will be revisited. This bill would amend the Civil Rights Act of 1964 to include lactation, and amend the Fair Labor and Standards act of 1938 to include reasonable break time for all lactating mothers to pump or express their milk while at work, and to not be financially penalized if expression of milk falls in reasonable time . If and when this federal bill is passed, all lactating mothers across the nation, particularly in states who do not have workplace lactation rights for less than 50 employees, will be able to have legal right to express milk at their workplace.