Another Benefit of Health Reform: Breastfeeding and Working Becomes a Little Bit Easier

    Posted March 29th, 2010 by

    by Kelli Garcia, Fellow, National Women’s Law Center

    When I was breastfeeding my daughter, I was lucky enough to have a comfortable private space at work to express breast milk and supervisors who understood the necessity of taking breaks. Now, thanks to the recently passed health care reform bill, more working mothers will have similar benefits. Under the new law, employers will be required to provide reasonable unpaid breaks and a private place, other than a bathroom, for mothers to express breast milk. Employers with fewer than 50 employees will be exempted from these requirements if they would impose “an undue hardship.” This will help protect women like LaNisa Allen who was fired from her job at the Totes/Isotoner Corp. in Cincinnati for pumping during an “unscheduled” break.

    Why is this an important health issue?  Because breastfeeding provides substantial benefits to both babies and mothers. According to one study, women who breastfed for at least one year were less likely to have high blood pressure, diabetes, high cholesterol, and cardiovascular diseases compared to mothers who never breastfed. The health benefits began for mothers who breastfed for six months but became stronger the longer breastfeeding continued. Breastfed babies are less likely to develop ear infections, stomach viruses, asthma, diabetes and childhood leukemia.  Breastfed babies are also less likely to die from Sudden Infant Death Syndrome. The cost of treating three common illnesses in non-breastfed babies during the first year of life is approximately $475 more than the cost of treating those illnesses in breastfed babies. 

    Not all mothers are able or want to breastfeed. Sometimes, it’s because there are too many barriers that make breastfeeding challenging for new mothers. Thanks to this law, fear of losing your job because you need to take a break to pump or fear of exposing yourself to your co-workers because you cannot find a private place to express breast milk will no longer be among those barriers. Hopefully, as employers begin to see the benefits of supporting breastfeeding, such as fewer sick days, workplaces will become more breastfeeding friendly. It would be nice, for example, if employers were required to provide paid breaks for mothers to pump. In the meantime, this law is a step in the right direction.

    Cross-posted from Womenstake.

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    3 Comments

    April 29, 2010 at 10:58 pm by Phyllis

    Tom! Hi. I spoke with a field inspector at the US Department of Labor. She says the DoL now has to write draft regulations, make them available for comment, and then write the final regulations. Then they’ll be able to enforce.

    I called her because I had some questions about the pumping room that’s required in the new law. She says as soon as she learned of the law, she knew that she wouldn’t know what to tell someone who called with a question like mine.

    For your project, maybe call your local DoL office (or the PIO for US DoL in DC) to ask about how regulations like these are usually developed. I was under the impression that, while this new law caught the inspector by surprise, it’s common for laws to be passed without regulations immediately ready. One thing that would be interesting for your project is to find out whether enforcement can happen retroactively to cover this “gray period” where the law is in effect but the regs are yet unwritten–say, in a particularly egregious violation.

    I read a newsletter from an employment lawyer who advised that employers comply now. Who knows if this is because of possible repercussions, or. . . ?

    Best of luck with your project! Maybe post a link to it here?

    [Reply]

    March 31, 2010 at 2:21 am by nancy

    Good things happening around for working women is great..

    [Reply]

    March 30, 2010 at 8:34 pm by Tom

    Like most of the state laws that are already in existence, this new provision still lacks ENFORCEMENT. In other words, there are no penalties for employers who do not abide by this law. With no enforcement, its just a guideline essentially, so while its a good start, dont get too excited just yet. I am a law student at Loyola Chicago currently doing a project on the rights of nursing mothers in employment. Please let me know if you can find some enforcement provision in this huge mess of a bill, but I cant find it yet.

    [Reply]

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