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¶ … regulations from California and from the federal government as to the rights women have when it comes to breastfeeding in the workplace. The paper contrasts California guidelines with federal guidelines. In fact, once the Patient Protection and Affordable Care Act (also known as "Obamacare" and the "Affordable Care Act") passed into law on March 23, 2010, it became federal law that employers are required to give mothers with babies (that are less than a year old) a break "each time such employee has need to express the milk" (U.S. Department of Labor). The Affordable Care Act in effect updated the Section 7 of the Fair Labor Standards Act).
Health Benefits of Breastfeeding
According to the Surgeon General of the United States, whose confirmation was blocked by the U.S. Senate for nearly a year because the National Rifle Association objected to the nominee's belief that gun violence is a health issue, the health benefits of breastfeeding are significant because breast milk is "uniquely suited to human infant's nutritional needs" (ncbi.nim.nih.gov). The milk from a mother's breasts contains "unparalleled immunological and anti-inflammatory properties" that help to protect the infant from a number of diseases the child may be confronted with (ncbi.nim.nih.gov).
The risks to infants that are only fed with formula are frighteningly real: a) the risk of ear infections is "100% higher" when babies are fed only formula; b) leukemia and lower respiratory infections are higher when the infant is only fed on formula; c) the risk of being hospitalized with "lower respiratory tract disease in the first year of life is more than 250%...
In short, breastfeeding has psychosocial, economic and environmental benefits, according to the Surgeon General's report.
California / Federal Regulations for Breastfeeding Mothers at Work
The comparison between California and federal workplace laws regarding lactation at the workplace is informative. The federal law does not "preempt" any state law that offers greater protections for women who breastfeed. The California law (Labor Code §1030-33) applies to "all employers and employees" although an employer can claim an "undue hardship"; federal law applies to "non-exempt employees" but employers with fewer than 50 employees can be exempted if an "undue hardship" would be created (www.breastfeedla.org).
Both California and the federal guidelines say a "reasonable" amount of a break is required; the federal rule is a woman can have a break up to 1 year after the baby is born. Both California and the feds say "additional unpaid breaks may be taken if not used concurrently with paid breaks" and both California and the feds say a room near the work area (cannot be a bathroom) that is shielded from other workers must be provided (www.breastfeedla.org). The California civil penalty for employers not in compliance is $100 per violation; the federal civil sanction is $1,100 per violation "…for willful violations" (www.breastfeedla.org).
The California Department of Industrial Relations states that when an employer does not provide a mother a rest period "in accordance with & #8230; Labor Code Section 226.7… the employer shall pay the employee one additional hour of pay at the employee's regular rate…
Works Cited
Breastfeed LA (2015). Worksite lactation Accommodation: California vs. Federal Lactation
Law. Retrieved May 8, 2015, from http://www.breastfeedla.org.
California Department of Industrial Relations. (2011). Rest Periods / Lactation
Accommodation. Retrieved May 8, 2015, from http://www.dir.ca.gov.
Legal Aid Society. (2011). Rights for Breastfeeding Mothers: Lactation Accommodation and Discrimination. Retrieved May 8, 2015, from http://las-elc.org.
U.S. Department of Labor. "Break Time for Nursing Mothers." Retrieved May 8, 2015, from http://www.dol.gov. 2010.
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