Balancing Breastfeeding with Work
Balancing workplace responsibilities with breastfeeding can be a challenge for many mothers. That is why it is so important to know and understand your rights in order to effectively advocate for yourself and educate others. By understanding the legal entitlements, you can maintain a healthier work-life balance, and contribute to a more supportive and inclusive workplace culture. Many states in the US are implementing laws to support breastfeeding mothers in the workplace. But in this article, we will talk about breastfeeding in the workplace law in 3 key states: Texas, California, and New York, as of March 23, 2024.
1. Texas Breastfeeding In The Workplace Law
According to Texas Government Code, Chapter 619, an employee of a public employer is entitled to express breast milk at the employee’s workplace. A public employer shall develop a written policy on the expression of breast milk which states that the public employer shall support the practice of expressing breast milk and make reasonable accommodations for the needs of employees who express breast milk.
A public employer must also provide a reasonable amount of break time for an employee to express breast milk each time the employee has a need to express the milk. There must be room provided, other than multiple use bathrooms, that is shielded from view and free from intrusion from other staff, where the employee can express breast milk. A public employer may not suspend or terminate the employment of an employee or discriminate against an employee for exercising her rights under this chapter.
Also, according to Chapter 165, every mother is entitled to breastfeed her baby in any location in which the mother’s presence is otherwise authorized.
2. California Breastfeeding In The Workplace Law
California is one of the leading states in breastfeeding legislation. The California law covers all employees, including exempt employees. According to the state of California Labor Code section 1030, “Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.”
Also, according to the State of California Labor code Section 1033, The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply for purposes of Section 226.7. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98. An employer cannot discharge, discriminate or retaliate against an employee for exercising or attempting to exercise any right protected under this chapter.
An employee may report a violation of this chapter to the Labor Commissioner’s field enforcement unit. If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation and may impose a civil penalty in the amount of one hundred dollars ($100) for each day that an employee is denied reasonable break time or adequate space to express milk in violation of this chapter.
3. New York Breastfeeding In The Workplace Law
New York is another state that has successfully implemented effective laws to protect nursing mothers in the workplace. In 2018, The State of New York amended the Nursing Mothers in The Workplace Act to expand accommodations for nursing mothers in the workplace. These new amendments began to take effect after June, 2023.
These new amendments require employers to provide reasonable break times every day for nursing employees to pump breast milk. This applies to employees who are nursing a child within a period of 3 years after birth. These break times could be paid or unpaid and employers are also required to provide nursing employees with a private physical location where they can express milk.
Also, a new Senate Bill was introduced in 2023 which further amended the Labor Law and expanded the rights of nursing employees. Employers are now required to provide nursing employees with breaks to express milk in privacy anytime they need it. This bill also outlines the requirements for this private physical location. It can’t be a regular restroom, it must be private room close to the employee’s work area with sufficient lighting, electricity, and clean water.
Final Thoughts
In conclusion, breastfeeding in the workplace laws play a crucial role in supporting nursing mothers on their breastfeeding journey. Although progress has been made, there are still disparities that exist among states. When we compare Texas to NY and CA in detail, we can see that New York and California both offer more extensive legal protection for breastfeeding mothers. But keep in mind that there may be future amendments and adjustments to these laws, that is why it is important to stay up to date about the laws in your state.
By raising more awareness on the importance of breastfeeding in the workplace laws, we can encourage Texas, as well as other states, to enact more legislations to support nursing mothers in the workplace. Through these legislations, we can nurture the health and well-being of both mothers and infants and foster a more supportive and inclusive culture across the country.
We hope you found this article informative. Please don’t forget to share with others. You may also be interested in a previous article on Breastfeeding Difficulty: 5 Common Problems That Mothers Face.
Sources
www.statues.capitol.texas.gov/Docs/GV/htm/GV.619.htm
www.foxrothschild.com/publications/new-york-state-expands-accomodations-for-nursing-mothers-in-the-workplace
www.nysenate.gov/legislation/bills/2021/S4844
www.dir.ca.gov/dlse/Lactation_Accommodation.htm
