BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 257
                                                                  Page  1

          Date of Hearing:   July 1, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 257 (Pavley) - As Amended:  April 30, 2009  

          Policy Committee:                              Health Vote:16-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires state agencies and departments, including  
          local offices, to notify female employees nearing maternity  
          leave about workplace lactation accommodation and requires the  
          California Department of Public Health (DPH) to post related  
          information on the DPH website. Requires notifications to  
          include: 

          1)Information about lactation accommodation.
           
          2)Current law employer requirements regarding break time, space,  
            and penalties for non-compliance with workplace lactation  
            support. 

          3)Additional informational references on breast-feeding support  
            organizations. 

           FISCAL EFFECT  

          Minor absorbable costs to DPH to post required information on  
          the department's website. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the California Women  
            Infants and Children (WIC) Association to increase awareness  
            of current law workplace lactation accommodation requirements.  
            According to the author, following the enactment of  
            accommodation requirements in 2001, state agencies and  
            departments have been inconsistent in informing employees.  
            This bill increases the uniformity of notification of current  
            law requirements and resources. 








                                                                  SB 257
                                                                  Page  2


           2)Health Benefits of Breastfeeding  . Breast feeding has  
            significant health benefits for both mother and child. Health  
            benefits for children include a reduction in risk of acute ear  
            infections, stomach flu, lower respiratory tract infections,  
            eczema, asthma, obesity, Type 1 and Type 2 diabetes, childhood  
            leukemia, and sudden infant death syndrome (SIDS). Health  
            benefits of breast feeding for mothers include reduced risk of  
            Type 2 diabetes and reduced incidence of breast and ovarian  
            cancer. 

           3)Current Law Workplace Accommodation  . 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 to support continuity of breast feeding. 
           
          1)Related Legislation  . 

             a)   AB 513 (De Leon) requires health plans and insurers that  
               provide maternity benefits to provide coverage for the  
               rental of breast pumps and lactation consultation with an  
               international, board-certified lactation consultant.  AB  
               513 is pending in the Senate Health Committee. 

             b)   AB 514 (De Leon) requires an employer to provide a  
               20-minute paid rest period during each four-hour work  
               period to allow for lactation support. AB 514 was held on  
               the Suspense File of this Committee. 

             c)   HR 2819 (Maloney-NY) pending in the current session of  
               Congress protects breastfeeding mothers from discrimination  
               in the workplace, requires large employers to provide the  
               time and private space moms need to express milk, and  
               provides for tax incentives for employers that establish  
               private lactation areas in the workplace.

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081