Breastfeeding At Work: Government Enforces Law Protecting Nursing Mothers

As part of Obama's health care reform legislation, employers are now, for the first time, federally mandated to provide nursing mothers with breaks and a place to pump.

If you're thinking, "Huh? This didn't exist yet?" you’re not alone. The Affordable Care Act was signed into law in March 2010 (which also seems late in the game, no?), but the government is now cracking down on employers who don't comply.

McDonald's and Starbucks are among the 23 companies that have been cited by the Department of Labor, Sonia Melendez, a spokeswoman told MSNBC.

Hard and fast rules haven't been finalized yet, but the Wage and Hour Division fact-sheet gives us a sneak preview. According to the document:

"[Employers are required to provide] reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth ... [as well as] a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public."

The bold is ours because it bears emphasizing that bathrooms -- even private ones -- are not considered acceptable locations in which to feed a person.

As mothers are fighting to nurse in public without being ridiculed (or worse), these guidelines may be the next step to align directives from doctors about breastfeeding (breast is best!) with the messages they get from employers.

Comments

[Limari Colon]

09:43 PM on 01/25/2012

Woohoo!! Finally! This post made my day. Thanks!

[JBerger]

11:52 AM on 01/24/2012

This law only applies to companies with 50 or more employees. That covers very few companies in the US. I don't think this law covers med students or those doing their residencies. As a lactation consultant, I see this problem all the time. While this is a step in the right direction, we need to have better maternity leave for ALL women. That means more than 6 weeks (if they can afford it).

[Lisa Spinelli]

08:32 PM on 01/23/2012

Now if they could only mandate a separate breastfeeding room so that we don't wind up having to feed babies or pump our boobies in dirty restrooms that would be even better!

[Arbitratorman]

05:32 PM on 08/23/2012

The law already states that companies with 50 or more employees must provide a place other than a restroom for breast feeding. For a business to provide such rooms will take space that might be unavailable or cost effective. Some managers allow mothers to express milk in their offices, but nothing in the law states that they cannot also be there to watch.

Sooner or later men will expect breaks too but if there is a lot of customers or it's a very busy time it is unreasonable to provide such a break because you risk losing business. However, at the end of the day that same woman expects her full pay and so all this law does is give more reason to ship jobs overseas, cause some managers to think twice before hiring women here domestically, or just not place a woman in an important position.

[barakagirl]

12:38 AM on 01/23/2012

Why is breastfeeding so taboo in the US? there is nothing more natural then feeding a child. I would never understand why it's OK for a woman to show cleavage and thighs and it's a NO NO to feed your hungry baby? What a twisted culture....

[Dael Sumner]

11:22 PM on 01/24/2012

Because, in our unfortunately male oriented society, men have claimed them as theirs, for their amusement and entertainment only. Certainly not for what Mother nature intended.

[wolfpeace]

06:06 PM on 01/22/2012

What can be more natural and beneficial to the child than to be able to breast feed you own child?

As a male to female transsexual I wish I could (have been able to) do that.

[wordsalad12]

01:47 PM on 01/21/2012

this is wonderful. A baby step towards parenthood rights, but a good one, nonetheless. We have a long way to go to catch up with other developed nations.

[buffchic]

09:53 AM on 01/20/2012

This is one step towards acceptance of nursing mothers in the workplace. But as many have pointed out, we are still far away from real social and workplace acceptance. We must keep working to make breastfeeding the norm and not something that we must make special arrangements to accommodate.

[Shira Dicker]

09:16 AM on 01/20/2012

Mazel Tov. Though my breastfeeding days are nearly two decades gone, it is gratifying to see the United States approaching something like an enlightened attitude towards one of the simplest and most natural acts. Fortunately, I have been blessed with a defiant disposition that enabled me to breastfeed, discreetly but unmistakably, anywhere I wanted. Yes, I got many comments but I know I raised peoples' consciousness, even my own (adoptive) mother who never would have dreamed of doing something "cows do" with my natural-born brother and sister.

[MrsRo]

01:35 AM on 01/20/2012

This is a great first step, but I think the United States should really think about increasing maternity leave. We get a year in Canada and I couldn't have imagined having to put my baby in care after 6 weeks to 3 months. It must be very difficult.

[barakagirl]

12:42 AM on 01/23/2012

One of the biggest mind boggling social issue to my opinion!!!!! For a country that promotes Gender everywhere except in the workplace...... I mean the system of maternity leave is truly a shame here in the US!!!! we ought to be more flexible to allow women to have more options when it comes to maternity leave duration.

[hetrose]

08:08 PM on 01/19/2012

An excellent first step in a long walk that should never have been necessary...

[Amber Hinds]

02:17 AM on 01/09/2012

As much as I wish I could say otherwise, unfortunately I have little hope that these companies will really be punished enough to change their practices.

http://www.amber-hinds.com

[Lettuce5]

03:35 AM on 01/15/2012

probably right!

[Eugi]

12:23 AM on 01/09/2012

Yay!

[Velma Witkowski]

03:23 PM on 01/08/2012

Breast Feeding has 110 reasons why breastfeeding is good , 10 points to that mom!

[Karissa36]

12:40 PM on 01/07/2012

So every McDonald's, Starbucks, and other small workplace in the country will now need to build a private room for nursing mothers? I see a whole lot of pregnant women being covertly dismissed from employment.

[Eugi]

12:24 AM on 01/09/2012

Just a private room for employees to use. I don't think it's a huge deal. Maybe downsize that one Deluxe bathroom with mood lighting a little. Jeez...

[Amber Hinds]

02:18 AM on 01/09/2012

No.  They all have manager's offices.  The manager will just have to step out to let the mom pump.

http://www.amber-hinds.com

[Michael D Ballantine]

09:42 PM on 01/06/2012

Cool. I didn't know about that.