Support for Employed Breastfeeding Mothers included in Healthcare Reform

The long-awaited healthcare reform bill is now law and contains workplace support language for employed breastfeeding mothers.

The Patient Protection and Affordable Care Act (also known as healthcare reform) that was recently signed into law by President Obama includes workplace support language for employed breastfeeding mothers. The provision states that employers shall provide reasonable, unpaid break time and a private, non-bathroom place for an employee to express breast milk for her nursing child for up to one year after the child’s birth. Employers with less than 50 employees are not subject to the requirement if it would cause “undue hardship.” Since return to employment is a major reason mothers avoid or abandon breastfeeding, this new federal law should help break down some of the barriers to breastfeeding that unsupportive workplaces present to new mothers.

A company needs to change very little to provide lactation support. Basic needs include a clean place to express milk in privacy and break time to express milk approximately every 3 hours during the work period. A model law in Oregon defines reasonable time for milk expression as 30 minutes for every four hours worked. This represents a good match between natural breastfeeding cycles and the rhythms of the workday. Companies that provide accommodations for breastfeeding employees enjoy a return on investment of approximately $3 for every $1 spent. Rates of employee absenteeism for mothers who formula-feed show 3 times more one-day absences from work than breastfeeding mothers. Missed work is expensive to an employer, especially if a temp must be hired. Health claims are reduced, which is a great benefit to employers who are self-insured. If a breastfeeding mother cannot reconcile breastfeeding and working and quits, then the employer can spend thousands of dollars recruiting and training a new employee.

Currently, 24 U.S. states, Puerto Rico, and the District of Columbia have legislation related to breastfeeding in the workplace. The new federal provision will provide a minimum level of support in all states, but it will not preempt a State law that provides stronger protections.

Even though the law is effective immediately, the U.S. Department of Labor must now work to define terms and enforcement procedures. Breastfeeding advocates can refer employers, human resources managers, and breastfeeding employees who are interested in helping to establish worksite lactation programs at their place of employment to a list of frequently asked questions on the US Breastfeeding Committee Web site.

The Colorado Breastfeeding Coalition has helpful videos available on their channel at http://www.youtube.com/user/cobfcvideos

The three videos are:

1. Breastfeeding and working - moms share their stories

2. Employer perspective on accommodating breastfeeding employees - an employer and a breastfeeding employee discuss how and why they made their workplace mother-friendly

3. Workplace Accommodations for Nursing Mothers - overview of the law in Colorado - also relevant in other states, as legislation is similar