BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 257
                                                                  Page  1

          Date of Hearing:   June 9, 2009

                            ASSEMBLY COMMITTEE ON HEALTH
                                  Dave Jones, Chair
                    SB 257 (Pavley) - As Amended:  April 30, 2009

           SENATE VOTE  :   22-12
           
          SUBJECT  :   Lactation accommodation: state employees.

           SUMMARY  :   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  
          breastfeeding.  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, including local  
            offices, through its usual channels of communications with  
            state employees, when notified by a female employee that she  
            is nearing maternity leave, in the most cost-effective manner,  
            to notify the employee of the following information:

             a)   Information regarding lactation accommodation on the  
               Internet Web site of the Department of Public Health (DPH);
             b)   An explanation and comprehensive summary of the Labor  
               Code relating to the requirements of employers to provide  
               lactation accommodations and the penalties for violating  
               those provisions of law; and,
             c)   A listing of other comprehensive breastfeeding support  
               organizations and Internet links to their informational  
               materials.

          3)Requires DPH to provide information regarding lactation  
            accommodation on its Internet Web site, and to 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 (HRSA) of  
            the United States Department of Health and Human Services  
            (DHHS).

           EXISTING LAW  :








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          1)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.  Requires the break time, if  
            possible, to run concurrently with any break time already  
            provided to the employee.  Requires 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 to be unpaid.

          2)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.

          3)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.

          4)Provides that: a) An employer who violates any provision of  
            this chapter to be subject to a civil penalty in the amount of  
            $100 for each violation; and, b) If, upon inspection or  
            investigation, the Labor Commissioner determines that a  
            violation of this chapter has occurred, authorizes the Labor  
            Commissioner to issue a citation.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee analysis, this bill would likely have minor costs,  
          likely less than $50,000 from any single fund, for the  
          notification requirements in this bill, whether General Fund or  
          a Special Fund.

           COMMENTS  .

           1)PURPOSE OF THIS 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, the author argues, it was left to each human  
            resources division within each individual state department to  








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            interpret the law in its own way as well as inform employees  
            of the law in its own way.  According to the author, this has  
            resulted in a patchwork of accommodations and lack of  
            notification to employees about their lactation rights.  This  
            contention is supported by results of focus groups conducted  
            by the California Women, Infants and Children's (WIC)  
            Association which found that mothers did not know about the  
            law and many did not feel they could ask for the  
            accommodations because they were afraid of getting fired or  
            were reluctant to make waves.

          The author argues that 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.  The author states that 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 author maintains that this bill enforces existing  
            law in a non-punitive and educational manner.

           2)BACKGROUND  .   According to the California WIC Association,  
            women with children are the fastest growing segment of the  
            workforce.  Nationwide, nearly 55% 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 turns one-year old.  In the  
            U.S. more than 70% of all new mothers nationally choose to  
            breastfeed.  In California, the desire to breastfeed is  
            higher, with 86.6% of mothers initiating breastfeeding from  
            birth to give their babies important nutrition and health  
            benefits.

          Current guidelines issued by DHHS, the U.S. Preventive Services  
            Task Force, the Academy of Breast-feeding Medicine, the  
            American Academy of Family Physicians, the American Academy of  
            Pediatrics, and the American College of Obstetrics and  
            Gynecology (ACOG) each recommend breastfeeding because it is  
            associated with numerous health benefits for children and  
            their mothers.  Four of these professional groups recommend  
            that infants consume breast milk exclusively for the first six  
            months of life.  Health benefits for breast-fed babies include  
            fewer ear, respiratory, and urinary tract infections and lower  
            incidences of obesity, type 1 and 2 diabetes, childhood  








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            leukemia, and sudden infant death syndrome.  Breastfeeding  
            mothers with a history of lactation have reduced risks of type  
            2 diabetes and breast and ovarian cancer.  All six sets of  
            national guidelines recommend that health providers provide  
            education and support to encourage mothers to initiate and  
            continue breastfeeding.  

          According to a booklet produced by HRSA entitled, "The Business  
            Case for Breastfeeding," workplace lactation services provide  
            an important return on investment for employers and employees  
            which include: lower medical costs and health insurance claims  
            for breastfeeding employees and their infants (up to three  
            times less for breastfeeding employees); reduced turnover  
            rates (86-92% of breastfeeding employees return to work after  
            childbirth when a lactation support program is provided  
            compared to the national average of 59%); lower absenteeism  
            rates (up to half the number of one day absences); improved  
            productivity; and, raised employee morale and loyalty to the  
            company or organization.

           3)SUPPORT  .  According to the California WIC Association, the  
            sponsor of this bill, and supporters including the ACOG,  
            District IX (California), the California Commission on the  
            Status of Women, and the California Food Policy Advocates, the  
            lack of lactation accommodation in the workplace results in  
            the loss of experienced employees; greater use of sick time  
            and absences taken by both moms and dads for children's  
            illnesses; and, higher health care and insurance costs.  All  
            supporting organizations maintain 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.

           4)RELATED LEGISLATION  .  AB 513 (De Leon) requires health plans  
            and those health insurers that provide maternity benefits to  
            cover the rental of breast pumps and lactation consultation  
            with an international, board-certified lactation consultant.   
            AB 513 is currently in the Senate.

           5)PREVIOUS LEGISLATION  .

             a)   SB 22 (Migden), Chapter 460, Statutes of 2007, requires  
               DPH to recommend training for general acute care hospitals  
               and special hospitals, as defined, to improve breastfeeding  








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               rates among mothers and infants.

             b)   AB 1025 (Frommer), Chapter 821, Statutes of 2001,  
               requires employers to provide reasonable unpaid 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.

           



          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California WIC Association (sponsor)
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          Breastfeeding Task Force of Greater Los Angeles
          California Association of Professional Scientists 
          California Commission on the Status of Women
          California Food Policy Advocates
          California State Employees Association
          MCH Services, Inc.
          The American College of Obstetrics and Gynecologists, District  
          IX (California)
          San Bernardino County WIC Program
          Santa Cruz County Breastfeeding Coalition
          San Diego County Breastfeeding Coalition
           
            Opposition 
           
          None on file.


           Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097