Legal Issues regarding Breastfeeding

Section 165.032 (1995) of the Texas Health Code provides for a demonstration project on breastfeeding in the workplace and requires the Department of Health to develop recommendations to support breastfeeding in the workplace. In most workplaces, women have the right to pump at work. The federal Nursing Break Act requires some employers to give breastfeeding mothers the time and space to pull their shots. Concretely, this means: Ill. Rev. Stat. 775 § 5/2-102 (1991) defines a reasonable accommodation for a private room outside the bathroom for the expression of breast milk and breastfeeding. 21 L.P.R.A. § 4567c (1991) provides that nursing mothers have time to have the opportunity, after maternity leave, to breastfeed their baby for one (1) hour per working day, divided into two 30-minute periods or three 20-minute periods. N.D. Consolidated statutes Section 16-13-10.4 (2012) provides an exemption from jury duty for a mother who breastfeeds a baby under one year of age. Within ten days of receiving the jury summons, written notice of the request for exemption must be submitted to the court office. Section 201.210 (Lexis 2009) provides that breastfeeding a child by the child`s mother is not an overtly or grossly lewd act.

Section 43.70.640 (2001) of the Washington State Code of Review permits any employer, public and private, to use the term “child-friendly” on its promotional materials if it has an approved workplace breastfeeding policy with certain requirements, including flexible work schedules with breaks for expressing breast milk and a place other than a toilet for breastfeeding. § 137/10: A mother may breastfeed her baby in any place, public or private, where she is otherwise entitled to it, whether the mother`s nipple is exposed during or during breastfeeding; A mother who plans to breastfeed her baby in a place of worship must reconcile her behavior with the appropriate standards in that place of worship. The Idaho Code § 2-212(3) (Lexis 2008) allows a nursing mother to postpone jury duty until she stops breastfeeding. “The court provides that a mother who breastfeeds her child must postpone the service until she no longer breastfeeds the child.” Md. Education Code Ann. § 9.5-404 (2014) refers to the licensing and operation of daycares. The law requires day-care centres to promote good nutritional and developmental practices by implementing training and policies to promote breastfeeding. N.Y. Civil Rights Act § 79-e (Lexis 2009) guarantees a mother the right to breastfeed her baby in any place where she is allowed to be, public or private, even if the nipple is exposed during or during breastfeeding. 29.25.080 (Lexis 2009) provides that breastfeeding does not constitute indecent exposure or other similar offences. A municipality, county or other local government unit may not issue ordinances prohibiting breastfeeding or making it a violation of a municipal ordinance. Looking for additional materials to make public breastfeeding a little less stressful? The following may also help: Mass.

Gen. Lois Ann. ch. 111 Article 221 (2008) allows a mother to breastfeed her child in any public place, institution or place open to the public and accepting or seeking public patronage and where the mother and her child may be lawfully present. The law also stipulates that the act of a mother breastfeeding her child is not considered obscene, indecent, immoral or illegal behavior, and provides for civil action by a mother who violates this law. The Cal. § 1257.9 (2007) states that the Department of Health recommends at least eight hours of training for appropriate staff in general acute care hospitals that provide maternity care and have exclusive breastfeeding rates of patients in the lowest 25% of the state. Okla. Stat. tit.

38, § 28 (2004) exempts mothers who breastfeed a baby from jury duty on request. Code Ann. § 43-20-31 (Lexis 2008) encourages and protects breastfeeding by regulating the adherence to safe and appropriate breastfeeding practices by licensed child care facilities. There is no national law on breastfeeding in public. It`s up to your state. In 49 states, the District of Columbia and the Virgin Islands, there are laws that allow mothers to breastfeed in any public or private place. Articles 800.02 (1993), 800.03 (1997), 827.071 (2001), 847.0135 (2001), 775.0847 (2007) and 800.04 (2008) exclude breastfeeding from various sexual offences such as lewdness, exposure of sexual organs, indecent assault and sexual conduct. § 41.181: Public nudity does not include. Breastfeeding a baby by a woman, whether or not the nipple or areola is exposed during or during feeding.

Although the advent of infant formula has given mothers more options, breastfeeding continues to be essential to the health of most newborns. And as breastfeeding moms will tell you, babies need to eat when (and where) they`re hungry. In addition, women who express their milk throughout the day experience extreme discomfort when their pumping schedule is delayed. Fortunately, public breastfeeding is protected by law in almost every state, with Idaho being the only one to be the most important. Fla. Stat. Ann. § 383.011 (Lexis 2009) provides programs to promote breastfeeding. 20 Point 2310/442 (1997) enables the Ministry of Health to organise an information campaign aimed at the general public in order to encourage the breastfeeding of infants by their mothers. The Act allows the ministry to include the information in a brochure for free distribution to the general public.

§ 689B.03785, § 689C.1678, § 695B.19195 and § 695G.1717 (2017) require health insurance plans to cover breastfeeding counseling, support and supplies, including breastfeeding equipment, counseling and education during the prenatal, perinatal and postpartum periods for up to one year. Section 18.2-387 (1994) of the Virginia Code exempts nursing mothers from indecent exposure laws. Section 383.318 (1998) stipulates that birthing centres must provide post-partum assessment and follow-up care including instructions on child care, including breastfeeding. Although 59 Republican lawmakers and all Democratic representatives voted in favor of the bill, Rep. Virginia Foxx, R-N.C. said, “This bill is a flawed scheme and an expansive mandate.” She predicted it would “do more harm than good” and said the law would impose a burden on small businesses. “We must not impose rigid policies on companies that expose them to prosecution,” she said. Alaska Stat.

01.10.060. (Lexis 2009) provides that in state statutes, “obscene conduct”, “obscene touching”, “immoral behaviour”, “indecent behaviour” and similar terms do not include the act of a woman breastfeeding a child in a public or private place to which the woman and child are otherwise entitled. Learn more about how these federal citizenship rights relate to work and breastfeeding by visiting the United States. Equal Employment Opportunity Commission website to enforce guidelines. Section 206-C (2007) of the New York State Labor Code states that employers must provide nursing mothers with reasonable, unpaid breaks for milk and make a reasonable effort to provide them with a private space. Prohibits discrimination against breastfeeding mothers. Consolidated Laws Ann. § 22-24A-2 (2002) exempts nursing mothers from indecency laws.

See the American Academy of Pediatrics homepage at www.aap.org/healthtopics/breastfeeding.cfm. N.D. Cent. Code § 12.1-20-12.1 (2009) exempts the act of a woman who discreetly breastfeeds her child from indecent exposure laws. Concurrent California Assembly Resolution 155 (1998) encourages the state and employers to support and promote the practice of breastfeeding by striving to meet the needs of employees and to ensure that employees have adequate breastfeeding and pumping facilities for their children. The resolution reminds the governor to declare by decree that all state employees will have adequate facilities for breastfeeding and expressing milk. Wash. Rev. Sections 49.60.30 (g) and 49.60.215 (2009) of the Code provide that a mother has the right to breastfeed her child in any resort, accommodation, gathering or public entertainment, and that it is an unfair practice for a person to discriminate against a mother who breastfeeds her child in such a place. Section 9A.88.010 (2001) of the Washington State Code of Revision states that the act of breastfeeding or squeezing breast milk is not an indecent exposure. R.I. Gen.

Laws § 27-18-33.1, § 27-19-23.1, § 27-20-17.1 and § 27-41-30.1 (1996) require that health insurance cover postpartum hospitalization, including breastfeeding assistance and training. N.J. Rev. Stat. § 10:5-12 (2018) considers discrimination based on pregnancy or breastfeeding in terms of remuneration or financial conditions of employment to be an unlawful employment practice. Implementation or voluntary implementation by the Government of various breastfeeding programmes S.C. Article 63-5-40 (2008) of the Ann. Code provides that a woman may breastfeed her child in any place where she is entitled to do so and that the act of breastfeeding is not considered an indecent exposure.