Health Care Reform Signed into Law, includes Breastfeeding
Health Care Reform was signed into law. There are significant health promotion and disease prevention inclusions in the act, including a provision for breastfeeding mothers at the workplace. It establishes the right to express breast milk at the workplace in companies where 50 or more are employed. Employers are required to provide reasonable breaktime to express breast milk for 1 year after the child's birth. The employer shall make reasonable efforts to provide a private place, other than a bathroom. Note: NYS allows for 3 years.
The United States Breastfeeding Committee's website has Frequently Asked Questions about the Health Care Reform Bill. Visit their website. The FAQs are under News.
For more information, scroll down to Federal Legislation.
New York State Governor Paterson signs the Breastfeeding Bill of Rights
New York continues to lead the way by passing the Breastfeeding Bill of Rights (S1107A) on August 12, 2009, effective May 2009. This bill will provide women with greater access to breastfeeding information and support. Senator Liz Krueger, who introduced this bill and worked tirelessly to see that it passed. To assure that the bill would meet the needs of mothers and babies, Senator Krueger collaborated with NYS doctors, nurses, lactation specialists and WIC specialists. Krueger explained that she wants to make sure even more is being done to not only protect a mother's right to nurse her child, but also "empowers and supports" new mothers as they seek to breastfeed their children. The bill supports new mothers by providing them information about breastfeeding before they give birth and after and free of commercial interest.
• Before You Deliver: The right to information free from commercial interests, good information on the nutritional, medical and psychological benefits of breastfeeding; an explanation of some of the problems a mother may encounter, and how to avoid or solve them.
• In the Maternal Healthcare Facility: The mother’s right for her baby to stay with her after delivery to facilitate beginning breastfeeding immediately; to insist the baby not receive bottle feeding; to be informed about and refuse any drugs that may dry up breast milk; 24 hour access to the baby with the right to breastfeed at any time.
• When You Leave the Maternal Healthcare Facility: The right to refuse any gifts or take-home packets from the care facility that contain formula advertising or product samples; access to breastfeeding resources in one’s community.
The Mother's Breastfeeding Bill of Rights are found on this link:
www.nyhealth.gov/publications/2028
Governor Signs into Law Legislation Protecting Rights of Nursing Mothers in the Workplace
Effective immediately, Governor Eliot Spitzer has signed into law legislation that protects nursing mothers who return to the workplace. The law requires employers to provide uncompensated breaks for women to express milk or nurse their children for up to a period of three years. This law also bars an employer from discriminating against an employee exercising this right. In addition, the new law also requires employers to make "reasonable efforts" to provide a room or other location where the employee can express breast milk privately. This law is a major victory for all New York families as more and more women choose to work outside the home. (Labor Law, Article 7, Section 206-c, as enacted by A.B. 1060, L. 2007, effective August 15, 2007)
Click here to see the Nursing Mothers in the Workplace Accomodation Law
The NYS Legislative Women’s Caucus, Legislative Leaders Unveil Innovative, Family Friendly Nursing and Baby Changing Facilities
Click on link for video http://assembly.state.ny.us/Press/20080304/
New York is one of 39 states that offer protection for nursing mothers who breastfeed in public.
NY CLS Civ R § 79-e (Article 7 Miscellaneous Provisions).
1994 N.Y. ALS 98; 1994 N.Y. LAWS 98; 1994 N.Y. S.N. 3999
§ 79-E. Right To Breast Feed.
Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.
FEDERAL Legislation
The Federal Labor Standards Act has been amended to require employers to provide reasonable break time and a place for nursing mothers to express milk.
The break time requirement is found in section 4207 of the Patient Protection and Affordable Care Act, Public Law 111-148. The provision requires employers to provide "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." Employers are also required to provide "a place other than a bathroom that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk." The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. The Department of Labor has issued FAQs and Wage and Labor Fact sheet #73 to help employers comply with the new law. http://www.dol.gov/whd/regs/compliance/whdfs73.pdf
More information can be found at http://www.dol.gov/whd/nursingmothers
Proposed legislation:
S1244/HR 2819: Breastfeeding Promotion Act of 2009: Sponsor is NYS’s Congresswoman Carolyn Maloney (D-14)
A bill to amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers, to provide for a performance standard for breast pumps, and to provide tax incentives to encourage breastfeeding.
NYS Senators Gillibrand and Schumer are cosponsors.
In the US Congress, NYS representative who are cosponsors: Eloit Engel (D-17), Maurice Hinchey (D-22), Gregory Meeks (D-6), and Jose Serrano (D-16).
LINKS TO OTHER STATE'S LAWS
http://www.ncsl.org/issuesresearch/health/breastfeedinglaws/tabid/14389/default.aspx
http://www.breastfeeding.org/law/CRS2.pdf
http://www.llli.org/Law/LawBills.html
WHAT TO DO IF YOUR RIGHTS ARE VIOLATED
http://www.nyclu.org/node/2041
From the New York Civil Liberties Union: If you have been harassed while breastfeeding in a public establishment, we encourage you to contact the owner or manager of the business to notify them of your legal rights and to demand an apology and other measures to rectify the situation. In order to aid you, the NYCLU has developed a model letter which you can edit for your own needs.
http://www.nyclu.org/files/breastfeeding_harassment.doc
Should you need further assistance, or if you have experienced problems with breastfeeding in any other context, contact the project at (212) 607-3339.
To file a complaint with the NYS Department of Labor regarding the Breastfeeding Workplace Accomodation law
http://www.labor.ny.gov/formsdocs/wp/LS702.pdf
LINKS TO YOUR LEGISLATOR
To contact your NYS assembly representative:
http://assembly.state.ny.us/
To contact your NYS senator:
http://www.nysenate.gov/senators
NYS’ two US Senators are Kristin Gillibrand and Chuck Schumer:
http://gillibrand.senate.gov/
Our breastfeeding senator. "As the mother of two young boys – five and one, I am especially focused on the health and well being of children in this country. As the first U.S. Senator to serve as a breastfeeding mother, I feel a special obligation to engage my colleagues on the importance of breastfeeding and increasing awareness of its tremendous benefit to infants," Senator Gillibrand said, explaining why she supports the Breastfeeding Promotion Act and is a cosponsor of the bill.
http://schumer.senate.gov/
Also a cosponsor of S1244: Breastfeeding Promotion Act of 2009.
To contact your US congressional representative:
http://www.house.gov/house/MemberWWW_by_State.shtml#ny