Policy and Procedure Breastfeeding Support Agenda Laws Policy Statistics I nformation R esources Federal laws Effective March 23 2010 the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk afte ID: 764843
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Policy and Procedure Breastfeeding Support
Agenda LawsPolicy Statistics I nformationResources
Federal laws Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: An employer shall provide— a 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; and 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. An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.
State laws N.M. Stat. Ann. § 28-20-1 (1999) permits a mother to breastfeed her child in any public or private location where she is otherwise authorized to be. (SB 545) N.M . Stat. Ann. § 28-20-2 (2007) requires employers to provide a clean, private place, not a bathroom, for employees who are breastfeeding to pump. Also requires that the employee be given breaks to express milk, but does not require that she be paid for this time. 2009 N.M. House Memorial 58 requests the governor's women's health advisory council to convene a task force to study the needs of breastfeeding student-mothers and make recommendations for breastfeeding accommodations in school environments.
Agency policy Check with your agency about specific policies Effective lactation support program policies are: Easy to understand Easy to follow Accomplishes goals Includes periodic evaluation Offer an opportunity for feedbackAgencies should implement successful strategies for accommodating these needsIf not already in place, agencies should implement a lactation support program
Relevant statistics Mothers are the fastest growing segment of the U.S. workforce Effective policies produce lower turnover rates National retention rate after maternity leave is 59% Companies with lactation programs retain 90% after maternity leave Return on Investment=3:1 Absentee rates decrease for both partnersCompany health care costs are reduced. These include:Physician visitsHospitalizationPrescriptions
Pertinent information Creating a space is easyA comfortable chair Table or shelf for the breast pump An electrical outlet Clean Private Frequency and duration will vary
Resources Contact your HR manager to learn more about the: Breastfeeding Friendly Workplace Initiative Info.bfworkplace@gmail.com 575-404-1692 n mhealth.org/go/ bfworkplaceThey will provide:Training for managersResources for familiesLiterature for break rooms, websites and newsletters