Chandler, Arizona
Sweet Pea ​Births
Sweet Pea ​Births
...celebrating every swee​t pea their birth
...celebrating every swee​t pea their birth
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Breastfeeding and The Law
Posted on September 21, 2012 at 12:56 PM |
A look at breastfeeding laws in public and in the workplaceI got an alarming text from a student last week. I won’t share the details since I haven’t
asked permission. What I can tell you is
that it reminded me how little the general public and employers know about our
breastfeeding and pumping “rights” as outlined in state and federal law. Since my passion for breastfeeding is second only to my
passion for natural birth, I forget that I live in a vacuum of other BF
fanatics. Just because we know and
discuss the laws amongst ourselves does not mean that we are doing a good job
at educating the public. Here is one
attempt to rectify that. If you live in Arizona, there are two statutes that protect
your right to breastfeed in public. One
states that breastfeeding shall not be considered an indecent exposure. The other one states that moms can breastfeed
in any place that they are lawfully present. Here are the statutes and the exact language: A.R.S. 41-1443 A mother is entitled
to breastfeed in any area of a public place or a place of public accommodation
where the mother is otherwise lawfully present. A.R.S. 13-1402 Indecent exposure does
not include an act of breastfeeding by a mother. While I am grateful
for our laws, I found out when I was traveling this summer that our home state
looks pretty measly compared to the protections afforded to women in other
states. Click here to see state
breastfeeding laws across the United States. So that is one area
clarified: If you live in Arizona or one
of the other 45 states where nursing in public is protected, you can lawfully
breastfeed in public. If you live in
Idaho, Michigan, South Dakota, Virginia or West Virginia you will find that
your rights to breastfeed in public are not explicitly protected under your
state law. There are some great laws on
the books in other states – you can get involved and make a difference for
mamas in your home state. The second area that
pertains to breastfeeding and the law is pumping in the workplace. Yes, you can!
And although we have yet to see what the whole law in action looks like,
a golden nugget in the Affordable Care Act (2010) is that moms who want to pump
at work now have a Federal Law that backs up and supports their choice. One of the provisions
in the ACA addressed the needs of moms who want/need to make a career outside
the home and breastfeeding work for them.
Section 7 of the Fair Labor Standards Act (FLSA) was amended to include
a provision for mothers who want to express milk in the workplace. Here are the
highlights:
There are some exemptions for providing a dedicated space if a company is less than 50 employees, however, they must still allow you privacy and the time to express milk for baby. If your state law is
more inclusive and/or provides more protection than the federal law, then the
state law prevails. “My” La Leche League leader makes a great suggestion to
the working out of the home moms that attend meetings. She suggests that using a
neutral word may make the discussion a little easier to have when you are
reminding your boss that they need to follow the law. Her idea is to replace the word
“breastfeeding” with the word “lactation” when discussing your needs with your
supervisors. For an overview of workplace support under federal law, click
here. For a Fact Sheet you
can share with your employer, click here. Many moms have been
able to resume their career outside of the home and still maintain an exclusive
breastmilk relationship with their child.
As I listen to moms who have made the choice to pump after returning to
work, I hear that the women who do so successfully have these things in common:
Here are some links to
help you make the most of your pumping sessions at work: Milk Calculator – how much does baby need? Making “the most” out of your pumping sessions I will close by asking
pumping moms to look into hand expression.
There are many videos and tutorials up on the internet. It is a great way to finish the pumping
sessions because the breastmilk only
vacuums out what is at the front of the breast.
By becoming proficient at hand expression, a mama can get more milk
after the pumping session with the machine is over. Here is one link - you need to register your email address to access. Do you have any
tips to share about pumping during office hours? Please leave a comment – thank you! Laws in action: A look
at state laws along our road trip Link List: State Breastfeeding Laws http://www.ncsl.org/issues-research/health/breastfeeding-state-laws.aspx FLSA - Section 7 Information http://www.usbreastfeeding.org/Workplace/WorkplaceSupport/WorkplaceSupportinHealthCareReform/tabid/175/Default.aspx FLSA - Section 7 Fact Sheet http://www.dol.gov/whd/regs/compliance/whdfs73.htm Kelly Mom Milk Calculator http://kellymom.com/bf/pumpingmoms/pumping/milkcalc/ Making the Most of Pumping Sessions http://bfmed.wordpress.com/2010/11/03/nicu-pearl-cover-the-containers-during-pumping-to-make-more-milk/ Hand expression video http://newborns.stanford.edu/Breastfeeding/HandExpression.html Disclaimer: It is not intended nor implied to be a substitute for professional medical advice. The reader should always consult her or his healthcare provider to determine the appropriateness of the information for their own situation. Krystyna and Bruss Bowman and Bowman House, LLC accept no liability for the content of this site, or for the consequences of any actions taken on the basis of the information provided. This blog contains information about our classes available in Chandler, AZ and Payson, AZ and is not the official website of The Bradley Method®. The views contained on this blog do not necessarily reflect those of The Bradley Method® or the American Academy of Husband-Coached Childbirth®. |
Categories: Breast Pumps, Breast Pumps and Workplace, Breastfeeding, Breastfeeding Challenges, Breastfeeding in Public, Breastfeeding support, Nursing, Nursing In Public, Parenting
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Senate bill 900
6:16 AM on June 9, 2014
First of all let me tell you, you have got a great blog .I am interested in looking for more of such topics and would like to have further information. Hope to see the next blog soon.
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