State Laws for Pumping at Work

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  • Dic 01, 2022
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State Laws for Pumping at Work

Article 31-1-9 (1999) of the Children`s Code stipulates that breastfeeding a baby is an important and fundamental act of care that must be encouraged in the interests of the health of the mother and child and allows a mother to breastfeed her baby in any place where the mother and the baby are entitled to it. Act No. 121 of 1986 provides that breastfeeding women are entitled to the special supplementary nutrition programme for women, infants and children. NY SB 1296 (2021) requires the New York State Department of Health and Human Services to conduct a review of the impact of racial and ethnic disparities on breastfeeding rates and prepare a report and submit it to the Governor and Legislature. R.I. Gen. Laws § 11-45-2 (1998) state that laws against indecent exposure behavior do not apply to breastfeeding in public. However, if your workplace otherwise gave you a compensated break, they will still have to compensate you if you use your break to pump. Okla. Stat. tit. 40, § 435 (2006, 2020) requires an employer to give an employee who is required to breastfeed or express breast milk for her child a reasonable unpaid break every day. The law requires the Ministry of Health to publish regular reports on breastfeeding rates, complaints received and benefits reported by nursing mothers and working employers.

The law also requires state agencies to grant paid breaks to nursing employees to use a nursing room for specific purposes. Section 165.003 (1995) of the Texas Health Code provides for the use of a «mother-friendly» designation for companies that have policies to support breastfeeding in the workplace. Wash. Rev. Section 43.70.640 (2001) of the Code authorizes any employer, public or private, to use the term «child-friendly» in promotional materials if they have an approved breastfeeding policy in the workplace with certain requirements, including flexible work schedules with pumping breaks and a place other than a breastfeeding washroom. Texas and federal law recognize that breastfeeding is good for mother, baby, and society. Mothers can legally breastfeed in public in any state, including Texas, and workplace rights allow for adequate rest time and private space for breastfeeding mothers to express their breast milk. Ann. 26, § 604 (2009) requires an employer to provide a reasonable unpaid or paid break for the expression of breast milk up to 3 years after birth. The employer must make reasonable efforts to provide a clean place other than a bathroom where an employee can express breast milk in privacy. The employer may not discriminate against an employee who chooses to express breast milk in the workplace.

Section 2-310 (2018) of the Maryland State Personnel and Pension Code requires the state, through its appropriate officers and employees, to allow employees a reasonable break to express their breast milk and, upon notice, to provide a designated location that can be used by an employee to express breast milk, and prohibits the State from appointing an employee, who is given reasonable break, for time spent expressing breast milk at work. S.C. Code Ann. § 41-1-130 (2020) enacts the Lactation Support Act; provides that employers must provide workers with adequate unpaid breaks on a daily basis or allow workers to use paid breaks or meals to express breast milk; provides that employers make reasonable efforts to provide certain places where workers may express breast milk; stipulates that employers cannot discriminate against employees if they choose to express breast milk in the workplace. Ark. Stat. ann. § 20-27-2001 (2007) states that a woman may breastfeed a child in a public place or in any place where other persons are present.

Section 367-3 (1999) requires the Hawaii Civil Rights Commission to collect, compile, and publish data on cases of discrimination in breastfeeding or the expression of breast milk in the workplace. The law prohibits employers from prohibiting an employee from expressing breast milk during meals or other breaks. In this field, you can perform a full-text search or use the drop-down menu option to select a status. Code Ann. § 2.2-1201 (2019) mandates the Department of Human Resources Management to develop state personnel policies that provide nursing mothers with breaks for the distribution of breast milk. President Obama signed into law the Affordable Care Act (ACA) on March 30, 2010. (See the combined full text of Public Acts 111-148 and 111-152 here.) Among the many provisions, Section 4207 of the Act amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to allow an employee a reasonable break from expressing breast milk from his or her breastfed infant for one year after the birth of the child, whenever that employee is required to express milk. The employer is not required to compensate an employee who benefits from a reasonable break for the working time devoted to that purpose. The employer must also provide the employee with a place other than a bathroom where she can express her breast milk. If these requirements amount to undue hardship, an employer who employs fewer than 50 workers is not subject to these requirements. Federal requirements should not prejudge a state law that provides greater protection for workers.

D.C. Code Ann. Section 2-1402.11 (1977) provides that it is an unlawful discriminatory practice not to treat an employee affected by pregnancy, childbirth, health-related health related to pregnancy or childbirth, breastfeeding or a reproductive health decision in the same manner for all employment-related purposes. Section 383.318 (1998) stipulates that birthing centres must provide post-partum assessment and follow-up care including instructions on child care, including breastfeeding. As a breastfeeding parent, you`ll need break time and space to express breast milk at work, and perhaps other changes or accommodations that will keep you healthy and continue breastfeeding your baby while you`re working. The federal Breastfeeding Mothers Rest Time Act requires employers covered by the Fair Labor Standards Act (FLSA) to provide basic precautions to breastfeeding mothers at work. These amenities include time for women to express milk and a private room that is not a bathroom every time they need to pump. Learn more about what employers require and what employees need to know.

Section 17-15-25 (1995) of the Utah Code (1995) provides that the county legislature may not prohibit breastfeeding a woman in a place where she could legally reside, whether the breast is covered during or during breastfeeding. Section 34-1-6 (1999, 2020) requires employers to provide an employee who wishes to express breast milk at the workplace during working hours with a break of reasonable duration, paid at the employee`s normal rate of pay. Employers are also required to provide a private place other than a washroom for this activity. The law also prohibits the employer from requiring an employee to take paid leave during breaks, or from reducing the employee`s wages because the employee takes a break during the workday to express breast milk. New Jersey Assembly Resolution 244 (2019) calls on the President and Congress of the United States to pass laws prohibiting airlines from counting breast milk or breast pumps within the airline`s carry-on baggage limit or preventing passengers from carrying breast milk on planes. Or. Article 413.500 (2011) states that the purpose of the programme for women, infants and children is to provide nutritious food, nutritional education and counselling, health examinations and counselling services to breastfeeding women. Sources: National Conference of State Legislatures and StateNet Note: The list may not be exhaustive, but it is representative of existing state laws.

NCSL welcomes additions and corrections. In addition to section 25-1650 (2003) of the Stat. Revision, a nursing mother is exempt from jury duty until she no longer breastfeeds her child, and may be required to submit a qualification form supported by a certificate from her physician requesting an exemption. Texas Government Code § 619.001 et seq. Seq (2015) refers to the right to express breast milk in the workplace and provides that an employee of a public employer has the right to express breast milk at the employee`s workplace. Code Ann. Article 50-19-501 (1999) stipulates that breastfeeding a child in any place, public or private, where the mother is entitled to it is lawful and cannot be considered harassment, indecent exposure, sexual behaviour or obscenity. Returning to work after a baby is born can be difficult, and it can be even harder if you`re nervous about how you`re going to handle pumping at work. Here`s what you need to know about pumping in the workplace and how to know what your employer needs to do. California Labor Code Sections 1030 through 1033 (2001) state that employers must provide a break and room for a mother who wishes to express her milk privately. CA AB 1976 (2018) requires an employer to make reasonable efforts to provide an employee with a room or location other than a bathroom for these purposes. CA SB 142 (2019) requires that a room or place that is not a bathroom have prescribed functions.

Requires the employer, among other things, to provide access to a sink and refrigerator in the vicinity of the employee`s workplace. The California Education Code § 66271.9 (2018) requires community colleges and state universities and encourages satellite campuses to make reasonable arrangements for a breastfeeding student to express breast milk, breastfeed an infant, or meet other breastfeeding-related needs. Requires educational institutions to provide a sink in new construction, replacements, extensions or renovations, in addition to a private, secure room for nursing students.

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