BILL ANALYSIS
Bill No: SB
257
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 257 Author: Pavley
As Introduced: February 24, 2009
Hearing Date: April 14, 2009
Consultant: Chris Lindstrom
SUBJECT
Lactation accommodation, state employees.
DESCRIPTION
SB 257 requires all state agencies and departments to use
existing channels of communication to notify each female
employee nearing maternity leave of: (1) the laws related
to lactation accommodation, and, (2) publications or
Internet Web sites addressing the issue of employees
breastfeeding at work. Specifically, this bill:
1)Makes a number of findings and declarations regarding the
benefits of breastfeeding to infants, mothers, and
employers.
2)Requires every state agency and department, through its
usual channels of communications with state employees, to
notify each female employee nearing maternity leave of
the following information:
a) The provisions of Sections 1030 - 1033 of the Labor
Code relating to the requirements of employers to
provide lactation accommodations and the penalties for
violating those provisions of the law.
b) The Employee's Guide to Breastfeeding and Working
published by the Health Resources and Services
Administration of the U.S. Department of Health and
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Human Services, or a similarly comprehensive
publication addressing the issue of employees
breastfeeding at work that is prepared by the federal
government, the State Department of Public Health, or
a medical, other health, or breastfeeding support
organization.
3)Provides that the referral of the employee to an Internet
Web site that contains specified information shall
satisfy the requirement to provide expectant employees
with information addressing breastfeeding at work.
EXISTING LAW
Existing law requires all employers to provide a reasonable
amount of break time to accommodate an employee desiring to
express breast milk for the employee's child. The break
time shall, if possible, run concurrently with any break
time already provided to the employee. Break time for an
employee that does not run concurrently with the rest time
authorized for the employee by the applicable wage order of
the Industrial Welfare Commission shall be unpaid.
Existing law requires employers to make reasonable efforts
to provide the employee with the use of a room or other
location, other than a toilet stall, in close proximity to
the employee's work area, for the employee to express milk
in private. The room or location may include the place
where the employee normally works if it otherwise meets the
requirements of this section.
Existing law provides that an employer is not required to
provide break time under this chapter if to do so would
seriously disrupt the operations of the employer.
Existing law provides that: (a) an employer who violates
any provision of this chapter shall be subject to a civil
penalty in the amount of one hundred dollars ($100) for
each violation, (b) if, upon inspection or investigation,
the Labor Commissioner determines that a violation of this
chapter has occurred, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and
enforcing judgments for citations or civil penalties issued
by the Labor Commissioner for violations of this chapter
shall be the same as those set forth in Section 1197.1.,
SB 257 (Pavley) continued
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and, (c) notwithstanding any other provision of this code,
violations of this chapter shall not be misdemeanors under
this code.
Existing law requires the Department of Public Health to
promote breastfeeding in its public service campaign and to
develop a training course and recommendations for
hospitals. Hospitals are also directed to provide a
lactation consultant or lactation materials to new mothers.
BACKGROUND
Purpose of the bill. According to the author's office,
"state law currently requires all public and private
employers to provide a reasonable place and break time for
an employee to express breast milk but many employees are
unaware of the law. When the workplace accommodation law
was passed in 2001, the Department of Personnel
Administration sent out a notification to all state
departments and agencies about the law, but it was left to
each human resources division within each individual state
department to interpret the law in its own way as well as
inform employees of the law in its own way. This has
resulted in a patchwork of accommodations and lack of
notification to employees about their lactation rights.
"By requiring state departments and agencies to notify
their female employees of lactation accommodation laws, the
state can take a leadership role in informing mothers about
their lactation accommodation options in the workplace. SB
257 requires notification of current lactation
accommodation law within each state department and agency's
existing channels of communication, meaning it will impose
no new costs to the state. The bill enforces existing law
in a non-punitive and educational manner."
Arguments in support. The proponents of SB 257 point out
that the detailed intent language of the bill explains the
enormous benefits of breastfeeding and that it is vital to
increase breastfeeding rates for the benefits realized by
the children, mothers, and employers. One of the biggest
barriers to longer breastfeeding duration is mothers
returning to work and the lack of knowledge and support
they receive from employers.
The proponents also argue that breastfeeding is an
SB 257 (Pavley) continued
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important and realistic need for many working mothers in
California and the lack of lactation support services in
the workplace can have broad fiscal and public health
ramifications for employers and employees alike. They
point out that women with children are the fastest growing
segment of the workforce. Nationwide, nearly 55 percent of
women with children under the age of 3 are employed. Of
working women in California with newborns, almost half
(49%) return to the workforce before their newborn is the
age of one. In the U.S. more than 70 percent of all new
mothers today choose to breastfeed. In California the
desire to breastfeed is higher, with 86.6 percent of
mothers initiating breastfeeding from birth to give their
babies important nutrition and health benefits.
The proponents also contend that workplace lactation
services provide an important return on investment for
state employers and employees. Breastfeeding employees
miss work less often. According to the American Journal of
Health Promotion, one day absences to care for sick
children occur more than twice as often for mothers of
formula feeding infants than mothers of breastfed infants.
Breastfeeding lowers health care costs. The USDA estimates
that at least $3.6 billion in medical expenses annually
would be saved if the number of children breast-fed for six
months were to increase by 50 percent. The insurance
company CIGNA conducted a 2 year study of nearly 350
employees using lactation support and found the program
resulted in an annual savings of $240,000 in health
expenses, 62% fewer prescriptions and $60,000 savings in
reduced absenteeism rates.
According to the U.S. Department of Health and Human
Resources, companies of all types have found that lactation
programs can have a positive impact on their bottom line.
A few of these dividends include lower turnover, additional
health care savings, higher productivity and loyalty, and
positive public relations.
Finally, studies have shown employees are more likely to
return to work when their workplace provides a supportive
environment for continued breastfeeding.
PRIOR/RELATED LEGISLATION
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SB 22 (Migden), Chapter 460, Statutes of 2008 . Requires
the State Department of Public Health, no later than July
1, 2008, to begin expanding the breastfeeding peer
counseling program at local agency Women, Infants and
Children (WIC) sites; provides that DPH is to recommend
training to improve breastfeeding rates among mothers and
infants for general acute care hospitals and special
hospitals that provide maternity care.
SB 875 (Escutia), Chapter 879, Statutes of 2003 . Requires
the Department of Health Services to create a brochure to
educate pregnant women and new parents about maintaining a
healthy lifestyle by eating more vegetables and staying
active.
AB 1025 (Frommer), Chapter 821, Statutes of 2001 . Requires
employers to provide reasonable break time and to make
reasonable efforts to provide the use of an appropriate
room for an employee to express breast milk for the
employee's infant child.
SUPPORT: As of April 10, 2009:
American Academy of Pediatrics
American College of Obstetricians and Gynecologists
American Federation of State, County, and Municipal
Employees, AFL-CIO
American Red Cross WIC Program
Babies First Breastfeeding Task Force
Birth Education Services
Breastfeeding Task Force of Greater Los Angeles
Breastfeeding Task Force of Solano County
California Department of Transportation
California Food Policy Advocates
California Women, Infants & Children Association (sponsor)
Clinica Sierra Vista
Kings County Breastfeeding Coalition
Merced County Breastfeeding Coalition
Riverside County Loving Support
San Diego County Breastfeeding Coalition
San Francisco Breastfeeding Promotion Coalition
Santa Cruz County Breastfeeding Coalition
Scripps Hospital, Encinitas Lactation Staff
South Los Angeles Health Projects
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Watts Healthcare, Women, Infant and Child Program
Numerous individuals
OPPOSE: None on file as of April 10, 2009
FISCAL COMMITTEE: Senate Appropriations Committee
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