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Work/Life Trends
Breastfeeding In the Workplace—In Many States, It’s the Law!
Many states are passing legislation that requires employers to allow working
breastfeeding mothers necessary time to pump their milk while at work. To date, nine states
have enacted breastfeeding in the workplace legislation (see below), mandating that employers
make appropriate provisions—such as private “Mothers’ Rooms” where employees can express
milk—and provide lactation equipment such as breast pumps.
If your state has recently passed breastfeeding legislation, make sure you
have a program in place. If legislation hasn’t affected your organization yet, expect that
to change soon. For more information on breastfeeding legislation and ways you can support
breastfeeding employees in the workplace, contact Carol Ann Friedman at cfriedman@lifecare.com.
States that have passed breastfeeding legislation:
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| CALIFORNIA |
Public Act No. AB 1025; effective on January
1, 2002
Requires employers to: provide a reasonable amount of break time to employees to express
milk; provide use of a room or location (other than a restroom) in close proximity
to employees’ work area.
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| CONNECTICUT |
Public Act No. 01-182; effective on October
1, 2001
Requires employers to make reasonable efforts to provide a room or location (other
than a restroom) in close proximity to the work area where employees can express milk.
Allows employees to express milk or breastfeed onsite at their workplace during meal
or break periods.
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| FLORIDA |
Bill #1668; approved in May 1994
Requires employers to make reasonable efforts to provide a room or location (other
than a restroom) in close proximity to the work area, where employees can express
milk.
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| GEORGIA |
Code 1981; § 34-1-6; § 31-1-9; § 33-24-58;
effective July 1, 1999
Employers are obligated to provide time for women to express milk; if possible, this
time shall run concurrently with any break time already provided. Employers may make
reasonable efforts to provide a room or other location (other than a restroom) in
close proximity to the work area, where employees can express milk.
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| HAWAII |
Public Act No. § 378-2
Makes unlawful discriminatory practices and penalties against employees who breastfeed
or express milk at the workplace.
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| ILLINOIS |
Public Act No. 92-68
IL S 542 creates the nursing Mothers in the Workplace Act, requiring employers to
provide reasonable break time each day to employees to express milk. It also requires
employers to make reasonable efforts to provide a room or location (other than a restroom)
in close proximity to the work area, where employees can express milk.
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| MAINE |
Public Act No. ME H 1039; effective May 18,
2001
Section 4634 amends the Maine Human Rights Act to declare that a mother has the right
to breastfeed her baby in any location, whether public or private, as long as she
is otherwise authorized to be in that location.
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| MINNESOTA |
Senate File # 2751, 1997; effective April
9, 1998
Employers must provide reasonable unpaid break time each day to employees to express
milk; if possible, this time must run concurrently with any break time already provided.
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| TENNESSEE |
Senate Bill # 1856, 1999; effective May 14,
1999
Employers shall provide reasonable unpaid break time each day to employees to express
milk; if possible, this time must run concurrently with any break time already provided.
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States with pending workplace breastfeeding
laws:
Indiana, Kentucky, New York, Rhode Island, Wisconsin
Texas and Washington enacted a comprehensive law in 2001 that sets forth
the importance of breastfeeding and encourages employers to accommodate breastfeeding mothers.
It also allows employers to advertise that they are “infant–friendly” if they set up lactation
support for their employees.
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