Policy Pick: Health Care Reform Supports Nursing Mothers in the WorkplaceMay 3, 2010 |
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 Working mothers won a significant victory with the passage of the new health care reform law. Included in the new law is language that amends the Fair Labor Standards Act to provide "reasonable break time" to nursing mothers who need to express breast milk for up to one year after their child's birth; although employers are not required to pay for that time spent. The law also requires a private location, other than a bathroom, where employees may express milk. "This is a great public health achievement by our federal lawmakers," said Karen Peters, executive director of the Breastfeeding Task Force of Greater Los Angeles. "Although we've had lactation accommodation laws in place in California since 2002, I am very encouraged to see that the nation is taking similar steps to protect women's right to breastfeed." The new law comes with some limitations. Small businesses with less than 50 workers do not have to comply if they show that doing so would cause undue hardship. In addition, the new rules regarding lactation break time are limited to non-exempt employees - hourly workers who are subject to overtime laws. Exempt workers (those working on a salary) are not covered by the new federal law since it is expected that many of them work for companies with workplace accommodation. Although President Barack Obama has already signed the health reform bill into law, the Department of Labor is still working to develop the terms and processes that will be used to implement the new rules. The new federal law will provide a minimum level of support in all states; however, if an existing state law provides stronger protections, the state law will prevail. California is one of 24 states, along with Puerto Rico and Washington D.C., which already has legislation in place related to breastfeeding in the workplace. Additional Resources: ‹‹Back to this week's Monday Morning Report |
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