workplace accommodations for nursing mothers act

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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

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Page 1: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 2: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

Introduction

BREASTFEEDColorado

Breastfeeding Coalition

Page 3: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 4: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 5: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 6: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 7: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 8: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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)

Page 9: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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%

Page 10: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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)

Page 11: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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)

Page 12: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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%

Page 13: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 14: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 15: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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?

Page 16: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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

Page 17: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

Additional actions you can take to promote and/or support the law

Discussion

Page 18: WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS ACT

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!