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 : SB 257 Page 2 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 SB 257 Page 3 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 SB 257 Page 4 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 SB 257 Page 5 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