2/5/2014 1 Protecting Breastfeeding Genevieve Thomas Colvin, IBCLC Program Manager Protecting Breastfeeding: Laws, Legislation and Advocacy 2 Overview and Disclosures Genevieve Thomas Colvin, IBCLC No affiliations with any persons or entities that could be perceived as having a bearing on this • National Context • Federal Laws • State Laws having a bearing on this presentation. Not Legal Advice • BreastfeedLA: A Local Model • Lessons Learned • Advocacy • Tools and Resources 3 Types of Laws Labor: Job Protection Labor: Job Protection Civil Rights Civil Rights Family Law Family Law Ed ti Ed ti Labor: Reasonable Accommodations Labor: Reasonable Accommodations Labor: Paid Leaves Labor: Paid Leaves Education Education Procedural Procedural Criminal Criminal
Transcript
2/5/2014
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Protecting Breastfeeding
Genevieve Thomas Colvin, IBCLCProgram Manager
Protecting Breastfeeding: Laws, Legislation and Advocacy
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Overview and Disclosures
Genevieve Thomas Colvin, IBCLC
No affiliations with any persons or entities that could be perceived as having a bearing on this
• National Context
• Federal Laws
• State Lawshaving a bearing on this presentation.
Not Legal Advice
• BreastfeedLA: A Local Model
• Lessons Learned
• Advocacy
• Tools and Resources
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Types of Laws
Labor: Job ProtectionLabor: Job Protection
Civil RightsCivil Rights
Family LawFamily Law
Ed tiEd ti
Labor: Reasonable Accommodations
Labor: Reasonable Accommodations
Labor: Paid LeavesLabor: Paid Leaves
EducationEducation
ProceduralProcedural
CriminalCriminal
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National Context
2010: Affordable Care Act: Federal Lactation Law2010: FLOTUS: White House Report on Childhood Obesity2011: Surgeon General: Call to Action to Support Breastfeeding2020: Healthy People Goals: Increase # of employers/Lactation Supporty p p y pp
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Federal Laws
Civil Rights Act of 1964Title VII, Pregnancy Discrimination Act of 1978
• prohibit sex discrimination on the basis of pregnancy
“…women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes.”
Civil Rights Act of 1964Title IX of Education Amendments of 1972• All institutions (public or private) that receive federal funding(p p ) g• Cannot discriminate on the basis of sex • US DOE, OCR, “Supporting the Academic Success of
Pregnant and Parenting Students”• Designate a private room for young mothers to breastfeed, pump milk, or address
other needs related to breastfeeding during the school day.
NWLC, “Title IX Protections for Pregnant or Parenting Students: A Guide For Schools” (2009)
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Federal Laws
Right to Breastfeed Act (1999)• Public Accommodation law• Federal Buildings / Property• Treasury Bill (Section 647)
No Enforcement Provision
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Federal Laws
Family Medical Leave Act (1993) • Unpaid leave for 12 work weeks • Provides JOB PROTECTION
• Employers with >50 employees / 75 mile radius• Employee must have worked 1250 hours and/or 12
months• Intermittent leave
Enforcement: Department of Labor
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Federal Laws
Affordable Care Act (2010)• Women’s Preventive Services• Breastfeeding Support, Services and Supplies
Medicaid (MediCal) is optionalMediCal does reimburse for pumps
Labor Code 1030: Reasonable accommodations for lactation in workplace
Labor Code 1171.5: Labor laws enforced regardless of immigration status
FEHA, Preg Regs: Lactation is “other related medical condition”
DFEH vs. Acostas Tacos: “Breastfeeding is an act intrinsic to being female”
AB 2386: Under FEHA, Breastfeeding employed mothers are a protected class.
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California Leading
California has the greatest legal protectionsgreatest legal protections for breastfeeding women!
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Healthcare
SB 402 (DeLeon)
All California hospitals to adopt the "Ten Steps to Successful Breastfeeding" as adopted by Baby Friendly USA (or similar) by 20252025
SB 502 (DeLeon) Infant Feeding Policy
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Breastfeeding in Public
California Civil Code 43.3 (1997)“Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence ofprivate, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.”
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Breastfeeding in Public
DFEH Provides Enforcement:
Unruh Civil Rights Act Civil Code, Sec. 51-51.3
Se discrimination protection b all California b sinessesSex discrimination protection by all California businesses
• Hotels and Motels • Non-Profit Organizations • Restaurants • Theaters • Hospitals • Barber and Beauty Shops • Housing Accommodations • Public Agencies • Retail Establishments
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Breastfeeding in Public
Business refuses services or ejects a breastfeeding mother from the business:
“DFEH would interpret such conduct to be a formDFEH would interpret such conduct to be a form of sex discrimination in violation of the Unruh Civil Rights Act”
http://dfeh.ca.gov
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Breastfeeding in Public - ADVOCACY
Question mother’s can ask:
Are you refusing me service at this establishment because I am breastfeeding?
Are you telling me I must leave because I am breastfeeding?
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Jury Duty
Civil Procedure § 210.5 (2000)
Mother of breastfed child can postpone jury duty for a period of up to one year, with 1 year extensions.p p y , y
N.B.: Does not apply to employed mothers
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Lactation Accommodation Law
Labor Code § 1030-1033 (2002) • Every Employer• Provide break time and space• No upper age limit – “infant”pp g• Space cannot be a “toilet stall”• Stronger than Federal Law• Labor Code 1171.5 (Enforcement Immigration Status)
Enforcement: Department of Industrial Relations, Division of Labor Standards Enforcement
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Paid Family Leave
• PFL Act (2002)• partial wages under California SDI (55%)• mothers and fathers• 6 weeks • bonding with new baby, adoption or foster• care for child, parent, spouse, domestic partner’s
serious health condition
Pregnant mothers: Disability Insurance:4 weeks before delivery, 6 weeks after
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Paid Family Leave
Mom: 4 weeks - Pre Birth (Disability Insurance)Mom: 4 weeks - Pre Birth (Disability Insurance)
Mom: 6 weeks - Post Birth (Disability Insurance)Mom: 6 weeks - Post Birth (Disability Insurance)
Mom: 6 weeks – Bonding (Paid Family Leave)Mom: 6 weeks – Bonding (Paid Family Leave)
Dad: 6 weeks – Bonding (Paid Family Leave)Dad: 6 weeks – Bonding (Paid Family Leave)
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Paid Family Leave
PFL:Doubled the median duration of breastfeeding for all new mothers who used it
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Paid Family Leave
SB 770 (Jackson) PFL - Additional Family Members: Expands PFL coverage to include caring for grandparents, grandchildren, siblings, and parents-in-law.
Passed!
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Fair Employment and Housing Act
California’s Civil Rights Law:
• Prohibits Harassment and Discrimination• Age (40 and over)• Ancestry• Color• Religious Creed (including religious dress and grooming practices)Religious Creed (including religious dress and grooming practices)• Denial of Family and Medical Care Leave• Disability (mental and physical) including HIV and AIDS• Marital Status• Medical Condition (cancer and genetic characteristics)• Genetic Information • National Origin (including language use restrictions)• Race
• Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding)
• Gender, Gender Identity, and Gender Expression• Sexual Orientation
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Why Local Organization is Critical
If you don’t know your rights, you don’t have any.you don t have any.
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BreastfeedLA’s Model
Policies to support breastfeeding:
• 3 county hospitals
GOAL
• 8 county departments• 2 large employers
BreastfeedLA partnered with LA County Department of Public Health
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WIN!WIN!
County of Los AngelesCountywide Policy & Program
PPG 705PPG 705Policy implementation
• Trainings• Web resources• Dedicated space• Brochure• Break room poster
Kaiser Permanente Southern CaliforniaPolicy guidelines • Strengthen National Kaiser lactation accommodation policy• Train key HR staff • Create web resources for employees
City of Long BeachIssued a technical letter:• City-Wide Accommodation for Nursing
Mothers Sept. 2011
California State UniversityIssued a technical letter:http://calstate.edu/HRadm/pdf2011/HR2011-03.pdf
• HR 2011-03
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Employed Mothers Need….
Time
Space
Employed Mothers Need….35
Pump
Support• Atmosphere of Tolerance• Communication
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Implementation Strategy
1. Policy Adoption
2. Train Staff
3. Share Resources
4. Monitor Compliance
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Business Case
Decreased absenteeism
Reduced Health Care
Costs
Increased retention
Policy Adoption
Breastfeeding Increases RETURN ON
INVESTMENT
$4 TO $1$4 TO $1
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Employer Tool Kit
• Policy Template• Policy Training PPT• Brochure• Poster• Checklists
http://www.breastfeedingworks.org2013 – updated version live August 15th
Working and Breastfeeding It Can Work!
For information about the [COMPANY NAME] Lactation Accommodation Policy & Program, visit [LINK]
For resources: BreastfeedLA.org
Working and Breastfeeding It Can Work!
For information about the [COMPANY NAME] Lactation Accommodation Policy & Program, visit [LINK]
For resources: BreastfeedLA.org
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California Education Statute
California Education Code 200-201All pupils have the right:
• To fully participate in educational process, free from discrimination and harassment.
California schools = affirmative obligation to combat• California schools = affirmative obligation to combat~ racism~ sexism~ other forms of bias
• California public schools = urgent need to:~ Teach and inform pupils of their rights~ Increase awareness and understanding of rights~ Promote tolerance & sensitivity
***Federal Guidance***
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California
Does the State of California have an
affirmative obligationaffirmative obligation to provide
lactation accommodations to students?
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California Women’s Law Center
Federal Title IX: Schools are prohibited from discriminating against pregnant and parenting students under Federal Title IX. Lactation is a normal part of pregnancy and parenting. Reasonable accommodations should be made to be in Title IX compliance.
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California Women’s Law Center
Federal Title IX: Schools are prohibited from discriminating against pregnant and parenting students under Federal Title IX. Lactation is a normal part of pregnancy and parenting. Reasonable accommodations should be made to be in Title IX compliance.
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Advocacy: K-12
1. Inform pregnant student of their rights!• While they are pregnant• Coordinate care with caseworkers
1. Contact the school’s Title IX coordinator:• At the school• At local district• LAUSD Central Office: (213) 241-7682http://www.lausd.k12.ca.us/lausd/offices/eec/titleix.htm
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Advocacy: College
1. Inform pregnant student of their rights under Title IX• While they are pregnant• Coordinate care with caseworkers
1. Contact school’s: • Student Disability Department• Associated Students• Women’s Center (Gender)• Health Center
SB 252 (Liu)CalWORKs – Allows home visitations programs to qualify for “welfare-to-work” requirements. Also reinforces Civil C 3 f fCode 43, and specifically states the importance of breastfeeding, clarifying that welfare participants can breastfeed in County offices.
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Federal Legislation
• Pregnant Workers Fairness Act• FAMILY Act• Supporting Working Moms Act
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Resources
BreastfeedLA.org
California Breastfeeding Coalition
US Surgeon General's Call to Action to Support BreastfeedingUS Surgeon General s Call to Action to Support Breastfeeding
