30 Aug Breastfeeding in the Workplace
Breastfeeding law and benefits
Did you know there is a law that addresses breastfeeding in the workplace? Indeed there is, and while I am sure many of you know about this, do you know if you are in compliance? And do your employees know this is a law? And do they know what they can do and where they can go if they return to work after having a baby and are breastfeeding? The Patient Protection and Affordable Care Act requires employers subject to the Fair Labor Standards Act (FLSA) to provide break time for an employee to express breast milk for a year after her child’s birth. A common misunderstanding is that if you are an employer with less than 50 employees, you need not comply with this law. However, that is not true. Any employer that must comply with FLSA rules must comply with this law.
According to Brenda Bandy, the Program Director for the Kansas Breastfeeding Coalition, in an article she recently wrote entitled The Business Case for Breastfeeding, more than 75% of all new mothers choose to breastfeed. As most new mothers know, coming back to work after the birth of a baby can be hard enough without worrying about how you will be able to keep breastfeeding your baby.
Research has long told the benefits of breastfeeding, and shows that breastfed babies may have a lower risk of:
- Asthma
- Leukemia (during childhood)
- Obesity (during childhood)
- Ear infections
- Eczema (atopic dermatitis)
- Diarrhea and vomiting
- Lower respiratory infections
- Necrotizing (NEK-roh-TEYE-zing) enterocolitis (en-TUR-oh-coh-LYT-iss), a disease that affects the gastrointestinal tract in premature babies, or babies born before 37 weeks of pregnancy
- Sudden infant death syndrome (SIDS)
- Type 2 diabetes
Other potential benefits of breast feeding may include:
- Promotion of a healthy weight
- An association with increased intelligence
- More rapid weight loss in mothers
- Reduce mothers’ risk of post-partum depression
- Savings of time and money
How employers can comply with the law
So, as an employer, what exactly is required to comply with the FLSA law? Not only must you provide regular and reasonable breaks, but you must also have a room specifically designated for nursing mothers. According to the U.S. Department of Labor Wage and Hour Division, Section 7(r) of the Fair Labor Standards Act — Break Time for Nursing Mothers Provision, “A place other than a bathroom [emphasis mine], 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” must be provided. It does not have to be a permanent dedicated lactation room, and smaller organizations may use screens or other creative ways to allow privacy for the mother. Ideally the room should have a comfortable chair. Most nursing mothers returning to work use a breast pump. And while many women I know bring their own breast pump, some companies provide a breast pump in the room.
Why this issue matters to employers
Why is this important to businesses as it relates to employee recruitment, engagement, and retention? According to the National Business Group on Health, Workplace breastfeeding programs may help to mitigate health care costs, lost productivity and absenteeism by:
- Reducing the risk of some short- and long-term health issues for women and children
- Decreasing employee absences associated with caring for a sick child
- Promoting an earlier return from maternity leave
- Increasing retention of female employees
And right now, with low unemployment rates and a seemingly renewed focus on employee happiness and health, this is a very important issue to which employers should pay attention. I can tell you that my daughter had a baby 18 months ago, and when she went back to work, her employer first put her in a bathroom to express milk. Then they moved her to an old unused closet, which was dark and dreary. Needless to say, she is not employed there anymore. While this not the sole reason she left, the message it sent to her as a new mother and as an employee made her question her value to the organization.
If you need more information about this topic, feel free to contact us at KBGH.