Workplace breastfeeding rights under California and federal law

¶ … 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% higher" when only fed formula; and d) the risk of breast cancer and ovarian cancer for mothers who don't breastfeed is up to 27% higher (ncbi.nim.nih.gov). 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 of pay for each workday that the rest period is not provided" (www.dir.ca.gov). Also, the rest period has to be a "net" of at least ten minutes. That is, the rest period for the mother to breastfeed her infant child actually begins not when the mother leaves the worksite, but when she actually reaches "an area away from the work area" that has been designated for her private lactation moments. The Legal Aid Society points out that when an employer discriminates against a woman who needs to have time to breastfeed, that is a "sex-based discrimination" and if prohibited by the Fair Employment and Housing Act (FEHA).

Risk and Protective Factors

Breastfeeding lowers the risk of negative mental health impacts for mothers and babies, and breastfeeding also lowers the risk of "postpartum depression," a condition that impacts nearly 13% of mothers giving birth (ncbi.nim.nih.gov). A mother who goes through postpartum depression is risking her health and the health of her child, particularly when the mother is not fully capable emotionally and psychologically to fully care for her child (ncbi.nim.nih.gov).

Framing an Intervention (I know this was to be 1 page but there isn't room)

In conclusion, the intervention I would suggest would be to establish a regular seminar during a woman's pregnancy that highlights the advantages of breastfeeding and other strategies that can help the baby and mother stay healthy. This teach-in, if you will, could be collaboration with Lamaze training for mother and father; nurses and midwives could be available after the regular Lamaze session to discuss many appropriate ways a mother can keep her child healthy, including breastfeeding. The fact that breastfeeding saves money, helps mother and child bond, and basically provides numerous health benefits (and prevention of potential health anomalies) need to be focused and emphasized by the trainer.