But while nearly 75% of new mothers start off nursing their newborns, breastfeeding rates drop precipitously in the first 6–12 months. One of the most common reasons women give for abandoning breastfeeding is that their return to work poses major challenges, especially when an employer is not supportive of the need for time to express milk regularly during the work day (every 3 hours or so) in a clean, private space. The good news is that one section of the Health Care Reform bill signed by President Obama addresses the issue, offering support to new mothers across the country who wish to continue breastfeeding their babies after returning to work. The “Reasonable Break Time for Nursing Mothers” law includes 2 key provisions: - Employers must allow breastfeeding mothers unpaid break time for expressing milk during the workday until the child’s first birthday.
- Employers must provide a private, non-bathroom location for expressing milk that is shielded from view and free from the intrusion of coworkers.
Because this legislation is an amendment to the nation’s minimum wage and overtime laws, it covers only nonexempt (hourly) workers. However, many salaried workers are in professional or managerial positions and are usually entitled to accommodations for nursing mothers under company policy. The new federal law covers all employers of hourly workers (although companies with fewer than 50 employees don’t have to comply if they can show that doing so would cause undue financial or other hardship). In the 24 states that have existing legislation related to breastfeeding at the workplace, state laws that offer stronger protections will take precedence over the federal legislation. |