Workplace Issues

The Business Case for Breastfeeding



Many NYS local breastfeeding coalitions are trained by the NYSBC in the BCFB.  See the list under Coalition Members. 

 

The BCFB is a program to educate employers about the value of supporting breastfeeding employees in the workplace.  It also provides guidance to employees on breastfeeding and working.  For more information and to download the toolkit, visit this link:

www.womenshealth.gov/breastfeeding/government-in-action/business-case-for-breastfeeding/

 

Technical assistance is available for individuals and agencies utilizing the toolkit.  Visit this link for more information:  www.hcdi.com/hrsa/worksitelactationsupport/contacts.html

 

 

Making It Work Toolkit:  an online resource for breastfeeding mothers returning to work or school. 

 

NYS WIC and the Division of Chronic Disease Prevention developed the toolkit through a grant from the CDC's Communities Putting Prevention to Work grant.  They acknowledge Cathy Carothers, BLA, IBCLC, FILCA and Rayane AbuSabha, Ph.D. R.D. for their dedication to the project. 

 

There are five individual toolkits, for moms, their familiy and employers, the law and additional material. 

 

http://www.breastfeedingpartners.org/index.php?option=com_content&view=article&id=164&Itemid=412

 

Federal Laws


The Health Care Reform Act provides significant health promotions and disease prevention inclusions in the act, including a provision for breastfeeding mothers at the workplace. It establishes the right to experess 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.

 

 

The Federal Labor Standard 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.’ The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. The Departmen 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/nursingmothers

 

 

The United States Breastfeeding Committee’s website has Frequency Asked Questions about the Health Care Reform Bill. Visit their website.

 

www.usbreastfeedingorg/Employment/WorkplaceSupport/WorkplaceSupportinFederalLaw/tabid/175/Default.aspx


 

 

New York State Laws:


The Nursing Mothers in the Workplace Accommodation Law 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 discrimination 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)

 

More information can be found on this link: 

www.labor.ny.gov/formsdocs/wp/LS702.pdf

 

 

If Your Rights are Violated:


The New York Civil Liberties Union can be contacted if you feel your rights are violated. Contact them at: (212) 607-3339.

 

To file a complaint with NYS Department of Labor regarding the Breastfeeding Workplace Accomadation law.

 

Visit http://www.labor.ny.gov/formsdocs/wp/LS702.pdf

Other Resources: 

 

 

www.worksitesforwellness.org is an organization whose mission is to educate and assist employers establish lactation rooms. 

 

www.health.ny.gov/prevention/nutrition/wic/breastfeeding/ and www.breastfeedingpartners.org

These two sites help employees and employers with breastfeeding and working.  

 

Utica College has an article titled, "Perspectives of Hospital Based Nurses on Breastfeeding Initiation Best Practices":

http://programs.online.utica.edu/articles/nurses-perspectives-on-breastfeeding-best-practices-ns