Benefits of Providing Lactation Accommodation in the Workplace
It is well-established that breastfeeding promotes the health and well-being of working mothers and their babies. Breastfed babies and their mothers have reduced risks for many illnesses and diseases. Healthier babies and moms mean a lower health care burden on the national economy. In fact, one study found that the United States could save $13 billion per year in health care costs if 90% of mothers exclusively breastfeed their infants for 6 months.
With the “Healthy People 2020” initiative, the federal government has made increasing breastfeeding rates a national priority. One goal of the program is to increase lactation support programs in the workplace. There are many reasons that validate workplace lactation programs –
- Mothers are the fastest-growing segment of the U.S. labor force. In 2016, nearly 59% of all mothers with infants under a year old were employed.
- Working outside the home is related to a shorter duration of breastfeeding.
- Low-income women are more likely to return to work sooner than higher-income women and are more likely to be engaged in jobs that make continuing to breastfeed a challenge.
- Providing lactation support allows women to maintain their status within the workforce with minimal cost.
Implementing lactation policies is also a prudent path for employers. Some of the direct benefits that companies realize from lactation supportive policies include:
- Reduced absenteeism
- Lower heath care costs
- Lower turnover rates/higher retention rates
- Improved morale, better job satisfaction, and higher productivity
- Positive public relations
Lactation Accommodation Legislation
In 2001, California became one of the first states to enact legislation requiring employers to provide employees with a reasonable amount of break time and a private place to express breast milk during the workday. In 2010, the federal Fair Labor Standards Act was amended to require employers to provide breastfeeding mothers reasonable break time and a space to express breast milk. Today, twenty-seven states, the District of Columbia and Puerto Rico have laws related to breastfeeding in the workplace.
San Francisco Lactation in the Workplace Ordinance
Recently, San Francisco passed its own version of a lactation accommodation law. Beginning January 1, 2018, the Lactation in the Workplace Ordinance will increase existing protections for nursing mothers who work within the City of San Francisco. In addition to providing reasonable break time, the Ordinance requires all employers to have a written lactation accommodation policy that specifies the process for requesting an accommodation and details lactation location/room requirements.
The written lactation accommodation policy must (1) state that employees have a right to request lactation accommodation; (2) explain the process by which an employee requests lactation accommodation; (3) require the employer to respond to a request within five business days; (4) require the employer and employee to engage in an interactive process to determine the appropriate breaks and lactation location; and (5) state that retaliation is prohibited. The employer must distribute the policy to new hires and employees who have requested either pregnancy or parental leave. If the employer has an employee handbook, the handbook must include the lactation accommodation policy.
The lactation room must be located in close proximity to the employee’s work area. The room (1) must be safe, clean, and free of toxic or hazardous materials; (2) contain a surface to place a breast pump and personal items; (3) contain a place to sit; and (4) have access to electricity. Consistent with state and federal law, the room provided may not be a bathroom. The employer also must provide access to a nearby refrigerator and sink with running water.
Between January 1, 2018 and January 1, 2019, employers in violation of the Ordinance will be issued warnings. After January 1, 2019, violators will be subject to a penalty up to $500 per violation. The City is developing a model lactation policy and lactation accommodation request form. Once the model forms are released, Compliance Poster Company will have these available on our free downloads page. We’re waiting to see if a poster will be required as a result of further rulemaking. Stay tuned!