Tuesday, May 25, 2010

Getting Pumped for Health Care Reform

Fifteen years ago when my son was an infant  his mom wanted to keep feeding him breast milk.  She was working at the time, and we bought a little pump for the purpose.  Unfortunately, she was afraid her employer would think it was weird, and so she had to sneak around as if having a cigarette in the restroom.

Women will not have to sneak around any longer to express milk. As part of the new health care bill the Fair Labor Standards Act was amended so that employers with more than 50 employees are now mandated to provide certain benefits to women who wish to breastfeed or pump.

First, employers must provide "reasonable breaks" for women to express milk for infants.  The breaks must be reasonable both in terms of time, and in terms of number of breaks.  Second, the employer must give women a private location in which to express milk.  This private location has to a location other than a restroom.  Although the breaks must be given, there is no requirement that the breaks be paid.

Several states, including California, Colorado, Illinois, and New York already have breastfeeding laws on the books.  The new FLSA amendment provides that if an employee resides in a state with a more generous law (for example, paid breastfeeding breaks), then the employee is entitled to whichever law is more generous, state or federal.

In the end expressing milk was too much for my then-wife.  It was less an issue of privacy and more an issue of the hassle of pumping, preserving, and transporting the stuff home.  It's a comfort to know, however, that those who want to express themselves can.  La Leche League rejoice.

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