Breastfeeding: Know your rights
There Are Numerous Benefits to Breastfeeding
August is National Breastfeeding Month. Although breastfeeding is a national health priority, many mothers do not have all the facts they need to support them if they choose to breastfeed. This short article provides some very vital information for moms on the important issue of breastfeeding.
As dietitians, we often encourage breastfeeding because of the benefits for mom and baby.1,2
Did You Know Support Is Available for Breastfeeding?
When a new mom wants to breastfeed but experiences barriers to the choice, it’s important to explore what gets in the way and provide help to navigate around it. A common barrier to breastfeeding is a lack of support. This may be at home, work, or in the community.
Federal and State laws are in place to support breastfeeding, but many new moms, family members, and peers may be unaware of the support available both at work and in the community. We’d like to clear up some misconceptions and share resources to help you or the new mom in your life access the support they need.
Accommodations at Work
Who Qualifies for Lactation Support?
According to the “Break time for Nursing Mothers” law, non-exempt employees covered by the Fair Labor Standards Act (FLSA) may have the right to break time and a private space to express breast milk. If you aren’t covered by the FLSA, you may be covered by a state law; however, within Missouri, only federal protections apply with regard to breastfeeding.5
Not sure if you are covered? Check out information from the United States Breastfeeding Committee including a hotline to call for more help.
Tell Me More About the Break Time Provided...
Reasonable break time, as often as is needed, must be provided for non-exempt employees under the FLSA up to 1 year* beyond birth. It is not required that your employer pay you for these breaks; however, if you receive paid breaks anyway and you use that break time to express milk, then you should be paid as you would for any other break. If you find that it takes longer to express milk than your regular break time, then the period that extends beyond your regular break time may be unpaid.
Along with the break time, employers must also provide a private space, other than a bathroom, for you to express breast milk. This is not necessarily a permanent room, but could be a conference room or private office temporarily designated for lactation.6 Talk to your Human Resources department.
There are exceptions. If the business has fewer than 50 employees and can demonstrate that it would be a hardship, it may not be required that your employer to provide breaks and space for breastfeeding.7 If you work for a small business, don’t assume that your employer isn’t willing to work with you on this. Reach out and discuss your needs.
*By the way, were you wondering why break time is provided for a year? We are glad you noticed! The recommendations from the American Pediatric Association are based on evidence of lower rates of respiratory illnesses and other infections in infants breast fed for a duration of 6 months. There may also be a benefit to beginning solid foods while still receiving the immune boost that breast milk provides.4
What if I don’t have a lactation room at work?
Though employers aren’t required to establish a permanent lactation room, many will if there is a significant need for it. Talk to your Human Resources Department.
If a room doesn’t exist, you may choose to play a role in setting one up. We did! This is how we made it happen and you can too:
What If My Employer Isn’t Supporting me?
If your employer is not providing the accommodations outlined in the Break Time for Nursing Mothers Law, then you may file a complaint with The U.S. Department of Labor Wage and Hour Division. Please note that your employer can not fire or discriminate against you for doing so.
Out and About In Your Community
Did you know…
All 50 states have laws in place to allow a woman to breastfeed in any private or public location. If you are allowed to be there, you may choose to breastfeed there.
There is nothing lewd or obscene about breastfeeding. If this is a concern for you, know that breastfeeding is exempt from indecency laws in 30 states. Missouri and Illinois are two of them. If you aren’t living in Missouri or Illinois, check out information for your state.8
We also recognize that support at home and within the mom’s social circle may be needed as well. Check out the additional resources below for more helpful tips to make breastfeeding work for you or the new mom in your life. Whether a lack of support is realized or anticipated by the mom, it can impact her decision. Putting federal and state regulations in place that support breastfeeding at work and in public settings is important and can go a long way to making it possible for more new moms. The choice to breastfeed or bottle feed a newborn is an important and personal one. Regardless of what the new mom decides, we respect that choice and hope others do as well.
Additional Resources to Support Breastfeeding Moms:
Written By: Jessica Moeller-Gaa, MA, RDN, LD
References:
August is National Breastfeeding Month. Although breastfeeding is a national health priority, many mothers do not have all the facts they need to support them if they choose to breastfeed. This short article provides some very vital information for moms on the important issue of breastfeeding.
As dietitians, we often encourage breastfeeding because of the benefits for mom and baby.1,2
- Lowers the baby’s risk for ear infections, asthma, diarrhea, etc. Essentially, mom is sharing the benefits of her advanced immune system.
- Helps mom heal following childbirth and improves health by lowering risk for type 2 diabetes, ovarian cancer, and certain types of breast cancer.
- Saves the family money because there is no formula to buy, and medical costs may be reduced due to the lower risk for infections (see first item on list).
- Convenient, packaged, and already at the ideal temperature, breast milk is a ready source of nutrition for the baby.
Did You Know Support Is Available for Breastfeeding?
When a new mom wants to breastfeed but experiences barriers to the choice, it’s important to explore what gets in the way and provide help to navigate around it. A common barrier to breastfeeding is a lack of support. This may be at home, work, or in the community.
Federal and State laws are in place to support breastfeeding, but many new moms, family members, and peers may be unaware of the support available both at work and in the community. We’d like to clear up some misconceptions and share resources to help you or the new mom in your life access the support they need.
Accommodations at Work
Who Qualifies for Lactation Support?
According to the “Break time for Nursing Mothers” law, non-exempt employees covered by the Fair Labor Standards Act (FLSA) may have the right to break time and a private space to express breast milk. If you aren’t covered by the FLSA, you may be covered by a state law; however, within Missouri, only federal protections apply with regard to breastfeeding.5
Not sure if you are covered? Check out information from the United States Breastfeeding Committee including a hotline to call for more help.
Tell Me More About the Break Time Provided...
Reasonable break time, as often as is needed, must be provided for non-exempt employees under the FLSA up to 1 year* beyond birth. It is not required that your employer pay you for these breaks; however, if you receive paid breaks anyway and you use that break time to express milk, then you should be paid as you would for any other break. If you find that it takes longer to express milk than your regular break time, then the period that extends beyond your regular break time may be unpaid.
Along with the break time, employers must also provide a private space, other than a bathroom, for you to express breast milk. This is not necessarily a permanent room, but could be a conference room or private office temporarily designated for lactation.6 Talk to your Human Resources department.
There are exceptions. If the business has fewer than 50 employees and can demonstrate that it would be a hardship, it may not be required that your employer to provide breaks and space for breastfeeding.7 If you work for a small business, don’t assume that your employer isn’t willing to work with you on this. Reach out and discuss your needs.
*By the way, were you wondering why break time is provided for a year? We are glad you noticed! The recommendations from the American Pediatric Association are based on evidence of lower rates of respiratory illnesses and other infections in infants breast fed for a duration of 6 months. There may also be a benefit to beginning solid foods while still receiving the immune boost that breast milk provides.4
What if I don’t have a lactation room at work?
Though employers aren’t required to establish a permanent lactation room, many will if there is a significant need for it. Talk to your Human Resources Department.
If a room doesn’t exist, you may choose to play a role in setting one up. We did! This is how we made it happen and you can too:
- Talk to Human Resources - get information on current policies, procedures, and resources available for breastfeeding. If a policy isn’t in place, don’t start from scratch, you can adapt the sample breastfeeding policy from the Missouri DHSS.
- Form a task force - create a team to champion the project and divide tasks.
- Determine your needs - Identify a location that is private and list any items needed to make the space welcoming and functional including comfortable furniture, a small table, mini refrigerator, and cleaning supplies.
- Estimate Expenses - Look for supply costs and request funding or budget approval. We applied for a Workplace Lactation Support Mini-Grant to reimburse the costs. Depending on how your employer manages expenses, funds may be allocated by a specific department with an approval process for where purchases can be made, etc.
- Purchase - Buy all of the items, complete payments, and reconcile invoices, as needed per your employers’ protocol.
- Complete the room - Add the furniture, decorate, stock supplies. Create a relaxing, inviting space.
- Share the news! Let your coworkers know of the room, the policy, and their role in welcoming nursing mothers to the space.
What If My Employer Isn’t Supporting me?
If your employer is not providing the accommodations outlined in the Break Time for Nursing Mothers Law, then you may file a complaint with The U.S. Department of Labor Wage and Hour Division. Please note that your employer can not fire or discriminate against you for doing so.
Out and About In Your Community
Did you know…
All 50 states have laws in place to allow a woman to breastfeed in any private or public location. If you are allowed to be there, you may choose to breastfeed there.
There is nothing lewd or obscene about breastfeeding. If this is a concern for you, know that breastfeeding is exempt from indecency laws in 30 states. Missouri and Illinois are two of them. If you aren’t living in Missouri or Illinois, check out information for your state.8
We also recognize that support at home and within the mom’s social circle may be needed as well. Check out the additional resources below for more helpful tips to make breastfeeding work for you or the new mom in your life. Whether a lack of support is realized or anticipated by the mom, it can impact her decision. Putting federal and state regulations in place that support breastfeeding at work and in public settings is important and can go a long way to making it possible for more new moms. The choice to breastfeed or bottle feed a newborn is an important and personal one. Regardless of what the new mom decides, we respect that choice and hope others do as well.
Additional Resources to Support Breastfeeding Moms:
- Your Guide to Breastfeeding is a FREE how-to you can download as a PDF or with an e-reader
- The La Leche League offers support ranging from mother-to-mother support to webinars.
- Check out Employer Solutions from Womenshealth.gov to search for solutions by industry or view common solutions to meet the needs of nursing mothers.
- Use available resources to make your place of business a Breastfeeding Friendly Worksite
- If you are involved in setting up a lactation room at work, you may find these tips for designing a lactation room and forming a task force helpful.
- Understand your insurance coverage with resources from the Missouri Breastfeeding Coalition
- Dads can play a role in breastfeeding. Check out a few ideas of how in Dads and Breastfeeding
Written By: Jessica Moeller-Gaa, MA, RDN, LD
References:
- Making the Decision to Breastfeed. (2018, Aug. 2). Womenshealth.gov. Retrieved 13 Aug. 2018, from https://www.womenshealth.gov/breastfeeding/making-decision-breastfeed
- Benefits of Breastfeeding for Mom and Baby. (2016, Mar. 10). Myclevelandclinic.org. Retrieved 13 Aug. 2018 from https://my.clevelandclinic.org/health/articles/15274-the-benefits-of-breastfeeding-for-baby--for-mom
- Lessen, R., & Kavanagh, K. (2015). Position of the academy of nutrition and dietetics: promoting and supporting breastfeeding. J Acad Nutr Diet. 115(3):444-9. doi: 10.1016/j.jand.2014.12.014.
- American Academy of Pediatrics. (2012). Policy Statement: Breastfeeding and the use of human milk. Pediatrics. 129(3): D1-D6; DOI: 10.1542/peds.digest1293
- Employment Protections For Workers Who Are Pregnant or Nursing. (2017, Oct.). United States Department of Labor. Retrieved 14 Aug 2018 from https://www.dol.gov/wb/map/
- Laws Protecting Working Moms. (2014, Sept. 17). Womenshealth.gov. Retrieved 14 Aug 2018 from https://www.womenshealth.gov/breastfeeding/employer-solutions/laws.html
- Frequently Asked Questions - Break Time for Nursing Mothers. (n.d.) United States Department of Labor. Retrieved 14 Aug 2018 from https://www.dol.gov/whd/nursingmothers/faqBTNM.htm#Q5
- Breastfeeding State Laws. (2018, July 9). National Conference of State Legislature. Retrieved 14 Aug. 2018, from http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx