BILL ANALYSIS
AB 2468
Page 1
Date of Hearing: April 7, 2010
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 2468 (De Leon) - As Amended: March 24, 2010
SUBJECT : Lactation accommodation: workplace designation.
SUMMARY : Authorizes an employer to use the designation
"Breast-Feeding Mother-Friendly Workplace" in their promotional
materials if the employer submits its workplace breast-feeding
policy to the Labor Commissioner (LC) and the LC determines the
employer's policy meets specific criteria. Specifically, this
bill :
1)Allows an employer to use the designation "Breast-Feeding
Mother-Friendly Workplace" if the LC determines that the
policy submitted by the employer provides for all of the
following:
a) Flexible work scheduling, including the scheduling of
breaks and allowing work patterns that provide time for the
expression of breast milk.
b) A convenient, sanitary, safe and private location, other
than a toilet stall, for privacy while breast-feeding or
expressing breast milk.
c) A convenient, clean and safe water source with
facilities for washing hands and rinsing pumping equipment
located in or near the private location, as specified.
d) A convenient hygienic refrigerator in the workplace for
the temporary storage of the breast milk.
1)Requires the LC to maintain a list of employers who are
eligible to use the "Breast-Feeding Mother-Friendly Workplace"
designation and requires the LC to publish the list on the
Department of Industrial Relation's internet website.
2)States employers would not be subject to violations due to the
provisions of this section.
EXISTING LAW
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1)Provides that every employer shall provide a reasonable amount
of unpaid break time to accommodate an employee to express
breast milk. The break time shall, if possible, run
concurrently with any break time already provided to the
employee.
2)Provides that for this purpose the employer must make
reasonable efforts to provide the employee with the use of a
room or location, other than a toilet stall, in close
proximity to the employee's work area. Specifies that the
room or location may include the place where the employee
normally works if it otherwise meets the requirements of this
section.
3)Specifies that an employer does not have to provide break time
if to do so would seriously disrupt the operations of the
employer.
4)Provides that an employer who violates any of these provisions
shall be subject to a $100 civil penalty for each violation,
and specifies appeal procedures. Provides further that such a
violation is not a misdemeanor under the Labor Code.
5)Allows a mother to breast-feed her child in any location,
public or private, except the private residence of another,
where the mother and child are otherwise authorized to be
present.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office this bill seeks to
encourage employers to provide supportive work environments for
new mothers who choose to continue to breast-feeding after
returning to work.
The author also states that various studies show that
breast-feeding significantly reduces children's risk for obesity
and chronic diseases such as diabetes, asthma, allergies, and
gastrointestinal, urinary and respiratory tract infections.
There are also significant health benefits for breast-feeding
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mothers, including reduced risk for type 2 diabetes, ovarian
cancer and breast cancer. Unfortunately, one of the barriers
that prevent new mothers, especially low-income working mothers,
from continuing to exclusively breast-feed is the need to return
to work environments that do not provide the necessary support
and accommodations.
Finally, the author states that for employers, potential
benefits of providing a supportive work environment for
breast-feeding mothers include: reduced worker turnover,
shorter maternity leave, lower absenteeism due to a sick child,
higher morale among employees, increased productivity among
employees with new children, an enticing worker recruitment
incentive, an improved positive image in the community and
lower/fewer insurance claims.
According to the January 2007 Breast-feeding Promotion Committee
Report to the California Department of Health Services Primary
Care and Family Health Division over 80 percent of women in
California initiate breastfeeding in the hospital, yet only 48
percent are exclusively breastfeeding their infants at three
months of age. Mothers who clearly choose to breastfeed
exclusively face barriers that keep them from doing so. One of
the primary barriers to exclusive breastfeeding is maternal
employment. However, with relatively simple accommodations,
some of which have been mandated by law, breastfeeding can be
compatible with working outside the home. With nearly 60
percent of women with children under the age of three being
employed, there is considerable need to create workplace
environments strongly supportive of breastfeeding. All
businesses, government policy and educational centers must
create an environment that fully supports breastfeeding mothers.
Supportive environments should be available for women at all
levels of the workplace.
A 2008 informational booklet, compiled by the U.S. Department of
Health and Human Services' Health Resources and Services
Administration, called The Business Case for Breastfeeding,
Steps For Creating A Breastfeeding Friendly Worksite, Easy Steps
to Supporting Breastfeeding Employees , states that the return on
investment (ROI) is the bottom line in assessing the value of
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new programs. Research shows that providing a lactation support
program is not only highly desired by breastfeeding employees
who return to work after childbirth, it can also improve
company's ROI by saving money in health care and employee
expenses. Lactation support programs can:
a) Lower medical costs and health insurance claims for
breastfeeding employees and their infants by up to three
times less;
b) Reduce turnover rates between 86-92 percent for
breastfeeding employees returning to work after childbirth
when a lactation support program is provided compared to
the national average of 59 percent;
c) Lower absenteeism rates by up to half the number of one
day absences; and
d) Improve productivity and raise employee morale and
loyalty to the company.
Also according to the booklet, companies who have lactation
support programs already in place have reported numerous
benefits.
Mutual of Omaha, Omaha, Nebraska reports the following program
impact:
a) Named one of the "100 Best Companies for Working Women"
by Working Mother magazine;
b) Reduced newborn healthcare claims,
c) Hospital health care cost for newborns are 2.7 times
less for babies whose mothers participate in the program;
d) Per newborn health care claims are $1269 for program
participants compared to $3,415 for those who do not
participate; and
e) High employee satisfaction.
CIGNA Corporation, Philadelphia, Pennsylvania reports the
following program impact:
a) An annual savings of $240,000 in health care expenses
for breastfeeding mothers and children;
b) 77 percent reduction in lost work time due to infant
illness, with an annual savings of $60,000;
c) Lower pharmacy costs due to 62 percent fewer
prescriptions;
d) Increased breastfeeding rates - 72.5 percent at six
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months compared to the national average of 21.1 percent for
employed mothers; and
e) Recognized as a Workplace Model of Excellence by the
National Healthy Mothers/Healthy Babies Coalition.
f) A formal study conduct by UCLA Centers for Healthy
Children found that the program enabled mothers to
efficiently express breast milk without impacting workplace
productivity and did indeed result in substantial cost
savings to the company. The program accomplished its goal
of improving breastfeeding rates, which are significantly
higher that the national average.
Other State Legislation
Other states who currently allow employers to use the
designation a "Baby Friendly or "Infant Friendly" or
"Mother-Friendly" on their promotional materials include:
Florida, North Dakota, Texas and Washington.
The state of Texas' policy is similar to this bill. Their law
provides for the use of a "mother-friendly" designation for
businesses who voluntarily have written policies supporting
worksite breast-feeding. The law provides for a worksite
breast-feeding demonstrations project and requires their
Department of Health to develop recommendations supporting
worksite breast-feeding. As of 2008, there were more than 100
Mother-Friendly Worksites in Texas. They include a diverse range
of businesses such as retail stores, schools, hospitals, law
offices, and corporations.
The state of Oregon implemented a Breastfeeding Mother Friendly
Employer Project (Project) as part of their effort to create a
community that supports breastfeeding. They encourage all
employers to support nursing mothers when they return to work so
they can breastfeed for at least one year as recommended by
health experts. The goals of the Project are to increase the
number of working women who breastfeed exclusively for six
months and to increase the number of Oregon employers that meet
the criteria of the Breastfeeding Mother Friendly Employer
Project. A Certificate of Recognition is provided to all
employers who submit the application documenting that they meet
the criteria to be a Breastfeeding Mother Friendly Employer.
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Arguments in Support
The California WIC Association states that women with children
are the fastest growing segment of the workforce. Forty-nine
percent of working women in California with newborns return to
the workforce before their newborn is the age of one.
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.
The California Academy of Family Physicians states that
breastfeeding is the physiological norm for both mothers and
their children. Breastfeeding offers health benefits not
available from milk substitutes. They also state that this bill
encourages employers to provide supportive work environments for
new mothers without imposing mandates on employers.
Prior and Related Legislation
AB 514 (De Leon) of 2009 was held in Assembly Appropriations
Committee. AB 514 would have amended existing law relating to
lactation accommodation by employers, by among other things,
requiring an employer to provide a 20-minute paid rest period
during each four-hour work period to accommodate employee
desiring to express breast milk for the employee's infant child
and specified that this rest period shall immediately precede or
follow any rest period to which the employee is entitled by law.
AB 513 (De Leon) of 2009, vetoed by the Governor, would have
required health plans and those health insurers that provide
maternity benefits to provide coverage for lactation
consultation with an international board certified lactation
consultant and the provision of, or the rental of, a breast
pump, as specified.
AB 1025 (Frommer) Chapter 821, Statutes of 2001required
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.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Academy of Family Physicians
California Immigrant Policy Center
California Medical Association
California Nurses Association
California WIC Association
Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091