BILL ANALYSIS
SB 257
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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
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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