WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT
2008 Colorado Chronic Disease Conference
Cate Colburn-Smith BS, CLC, CBTF Member, Founder of Moms on Board, and Co-author of The Milk Memos
Learning Objectives – Agenda
1. Understand new Workplace Accommodations for Nursing Mothers law– Definition, implementation
– Benefits – health and business
2. Understand what the new law means for local health departments and community organizations
3. Identify actions you can take to promote and/or support the new law
1. Understand Workplace Accommodations for Nursing Mothers Act
Colorado was the 16th state to pass legislation regarding breastfeeding support in the workplace
17 states now have such legislation in place
What the law says
Effective August, 2008, Colorado employers are required to make the following accommodations for breastfeeding employees:
Provide reasonable time (unpaid or paid break and/or meal time) for mothers to express milk at work
Make reasonable efforts to provide suitable, private space for this purpose
Not discriminate against women for expressing milk in the workplace
Definitions:
Employer = business with one or more employees; public or private
Reasonable effort = would not impose undue hardship
Undue hardship = “significant difficulty or expense,” considering size and financial resources of the business, or nature and structure of its operation, and special circumstances of public safety
The full text of the law can be found at coloradobreastfeeding.org
What the law says – the fine print
Preamble declaration: description of breastfeeding benefits
Employee: does not specify full-time; does not specifically address students
Time: unpaid or paid; break and/or meal time; for up to 2 years after the child’s birth
Space: a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breastmilk in privacy
Employer resources and information: Department of Labor and employment web site (coworkforce.com)
Enforcement: if alleged violation occurs, nonbinding mediation is required before an employee may seek litigation
The full text of the law can be found at coloradobreastfeeding.org
Implementation
If a law passes in the legislature,does anybody hear?
Implementation strategy:
General awareness and demand, targeting employers, mothers and healthcare providers
Employer outreach, education, support/technical assistance and resources
Mother outreach, education, support/technical assistance and resources
Child-care provider training and support
Health benefits – AAP Policy statement
The American Academy of Pediatrics recommends exclusive breastfeeding for approximately the first six months and supports continued breastfeeding for the first year and beyond, as long as mutually desired by mother and child.
American Academy of Pediatrics Policy Statement on Breastfeeding, February 2005.
(Breastfeeding and the Use of Human Milk)
Breastfeeding rates
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Ever Breastfed (Initiation)
Exclusively Breastfed 3
Months
Exclusively Breastfed 6
Months
Breastfed any amount at 6
months
Breastfed any amount at 12
months
HP 2010 - Goal
United States, 2005 Births
Colorado, 2005 Births
Ideal rate = 100%
Health benefits
For Babies… Breast-feeding
Reduces Risk by:
Sudden Infant Death Syndrome (SIDS)
36%
Lower respiratory diseases 72%Gastrointestinal infections 64%Asthma 27%Type 1 Diabetes 19-27%Type 2 Diabetes 39%Leukemia (acute lymphocytic) 19%Eczema 42%Middle ear infections 50%
Source: “Breastfeeding and Maternal and Infant Health Outcomes in Developed Countries” (April 2007)(U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality)
Health benefits Risk of not breastfeeding
For Babies… Breast-feeding
Formula feeding
Reduces Risk by:
Increases Risk by:
Sudden Infant Death Syndrome (SIDS)
36% 56%
Lower respiratory diseases 72% 257%Gastrointestinal infections 64% 178%Asthma 27% 37%Type 1 Diabetes 19-27% 23-27%Type 2 Diabetes 39% 64%Leukemia (acute lymphocytic) 19% 23%Eczema 42% 72%Middle ear infections 50% 100%
Source: “Breastfeeding and Maternal and Infant Health Outcomes in Developed Countries” (April 2007)(U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality)
Health benefits Risk of not breastfeeding
Source: “Breastfeeding and Maternal and Infant Health Outcomes in Developed Countries” (April 2007)(U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality)
For mothers… Breast-feeding
Formula feeding
Reduces Risk by:
Increases Risk by:
Breast cancer 28% 39%
Ovarian cancer 21% 27%
Type 2 Diabetes 4-12% 4-14%
a
Health benefits business benefit of reduced healthcare cost
Breast Cancer Cervical Cancer Endometrial Cancer Osteoporosis Ovarian Cancer Type 2 Diabetes Uterine Cancer
llergies
sthma
acterial meningitis
hron’s disease
olds
ental problems
iarrhea
ar infections
zcema
lu
I infections
Heart disease Hodgkin's disease Leukemia Multiple sclerosis Obesity Respiratory infections SIDs Type 2 Diabetes Vomiting
Business benefits, cont.
Reduces healthcare costs For every 1,000 babies NOT breastfed, there are: 2,033 excess doctor’s office
visits, 212 excess days of hospitalization, 609 excess prescriptions.*
Reduces absenteeism Mothers who geed their infants formula have more than twice the number of
one-day absences to care for sick children than mothers who breastfeed.**
Improves productivity and job satisfaction
Improves employee retention (i.e. reduces employee turnover) One study found the return to work rate following maternity leave was 94% for
companies offering lactation programs, vs. the national average of 59%
The cost of replacing an employee is about 1.5-2 times that person’s salary
Lactation programs may also encourage mothers to return to work sooner after childbirth
Enhances company image
*Ball & Wright, 1999. Healthcare costs of formula feeding in the first year of life** Cohen, 1995
2. Understand what the new law means for local health departments and community organizations
Opportunity
Inform mothers and others
Provide information and support for mothers returning to the work force
Make a difference in maternal and child health
Challenge?
3. Identify actions you can take to promote and/or support the law
Moving Mountains
Support working mothers – see handout Tap into the power of Sisterhood
Educate moms on workplace lactation coloradobreastfeeding.org
Help moms ask their employers for lactation accommodation Request could include:
– Intentions
– Employer benefits
– Health benefits
– Accommodations proposal – when, where, how, who
– Employer resources
Additional actions you can take to promote and/or support the law
Discussion
Conclusion – what we covered today
1. Understand new Workplace Accommodations for Nursing Mothers law– Definition, implementation
– Benefits – health and business
2. Understand what the new law means for local health departments and community organizations
3. Identify actions you can take to promote and/or support the new law
Thank you!
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