BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 257|
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THIRD READING
Bill No: SB 257
Author: Pavley (D)
Amended: 4/30/09
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-3, 4/14/09
AYES: Wright, Calderon, Florez, Negrete McLeod, Oropeza,
Padilla, Romero, Wiggins, Yee
NOES: Harman, Benoit, Denham
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 8-4, 4/27/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Wolk, Yee
NOES: Cox, Denham, Runner, Walters
NO VOTE RECORDED: Wyland
SUBJECT : Lactation accommodation: state employees
SOURCE : California Women, Infants & Children
Association
DIGEST : This bill requires every state agency and
department, including local offices, when notified by a
female employee that she is nearing maternity leave, to
notify the employee, through its usual channels of
communication with state employees and in the most
cost-effective manner, of specified information regarding
breast-feeding, including an explanation and summary of the
provisions relating to lactation accommodation ,
CONTINUED
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information regarding lactation accommodation on the
Internet website of the Department of Public Health, and a
listing of other comprehensive breast-feeding support
organizations with Internet links. This bill requires the
Department of Public Health to provide information
regarding lactation accommodation on its Internet website,
as specified.
ANALYSIS : 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 (1) an employer who violates any
provision of this chapter shall be subject to a civil
penalty in the amount of $100 for each violation, (2) 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., and (3)
notwithstanding any other provision of this code,
violations of this chapter shall not be misdemeanors under
this code.
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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.
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, including
local offices, through its usual channels of
communications with state employees when notified by a
female employee that she is nearing maternity leave,
shall, in the most cost-effective manner, notify the
employee of the following information:
A. Information regarding lactation accommodation on
the Internet website of the Department of Public
Health.
B. An explanation and comprehensive summary of
Sections 1030 to 1033, inclusive, of the Labor Code
relating to the requirements of employers to provide
lactation accommodations and the penalties for
violating those provisions of law.
C. A listing of other comprehensive breast-feeding
support organizations and Internet links to their
informational materials.
3. Requires the Department of Public Health to provide
information regarding lactation accommodation on its
Internet website, and shall include, at a minimum, a
link to the most recently published version of "The
Employees' Guide to Breastfeeding and Working," as
developed by the Health Resources and Services
Administration of the United States Department of Health
and Human Services.
Comments
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
State employee Minor, likely less than $50 from
General/
notification requirement any single fund
Various/
Special
SUPPORT : (Verified 5/1/09)
California Women, Infants & Children Association (source)
American Academy of Pediatrics
American College of Obstetricians and Gynecologists
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American Federation of State, County, and Municipal
Employees, AFL-CIO
American Red Cross WIC Program
Antelope Valley Hospital WIC Program
Babies First Breastfeeding Task Force
Birth Education Services
Breastfeeding Task Force of Greater Los Angeles
Breastfeeding Task Force of Solano County
California Association of Professional Scientists
California Breastfeeding Coalition
California Department of Transportation
California Food Policy Advocates
California State Employees Association
Clinica Sierra Vista
Inland Empire Breastfeeding Coalition
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
Watts Healthcare, Women, Infant and Child Program
Numerous individuals
ARGUMENTS IN SUPPORT : The proponents of this bill 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
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 three years of age are employed.
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Of working women in California with newborns, almost half
(49 percent) return to the workforce before their newborn
is one year of age. In the United States, 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 Economic
Research Service of the United States Department of
Agriculture estimates that at least $3.6 billion in medical
expenses annually would be saved if breastfeeding were
increased from current levels (64 percent in-hospital, 29
percent at six months) to those recommended by the United
States Surgeon General (75 and 50 percent). The insurance
company CIGNA conducted a two-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 percent fewer prescriptions and $60,000
savings in reduced absenteeism rates.
According to the United States 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.
TSM:mw 5/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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