” It’s official: with the passing of the health care reform reconciliation bill, the provision of reasonable break time and a place to express breast milk in the workplace is now federal law!
See Amelia Psmythe’s note below with helpful information about the next steps in implementing the law. USBC will be keeping close tabs on this process, and we are collaborating with MomsRising and others to spread the word to moms across the country. We will be issuing a press release shortly, and encourage all state coalitions to either 1) forward our press release to your local media, or 2) use it as a template to write your own release.
I’m attaching the actual language of the provision as a PDF file. It has already received some favorable media attention on NPR.org:
http://www.npr.org/blogs/thetwo-way/2010/03/new_health_laws_workplace_brea.html
Thanks again to everyone for their support and patience while we had to “lay low” to allow this to pass. And please do call or write to Senator Merkley to thank him!”
Best regards,
Megan E. Renner
Executive Director
United States Breastfeeding Committee (USBC)
2025 M Street, NW, Suite 800
Washington, DC 20036
The mission of the United States Breastfeeding Committee is to improve the Nation’s health by working collaboratively to protect, promote and support breastfeeding. Donate today!
“Good Day, friends!
As I’m sure many of you are aware, US Senator Jeff Merkley’s Reasonable Break Time for Nursing Mothers amendment passed as part of health care reform! Employer accommodation is now the law of the land.
What courage for a freshman Senator to propose a health care amendment in a contentious climate, see it through a bi-partisan committee, and now guide an implementation process on landmark legislation! Please take a moment to thank Senator Merkley by calling his office at: 202-224-3753 or use the online form: http://merkley.senate.gov/contact/
I recognize that questions abound regarding the timing, implementation, oversight, complaint process, arbitration and resolution under this provision. I am writing to assure you that Senator Merkley’s office is in conversation with the US Department of Labor to clarify all of this. I am in close communication with the Senator and his Portland and DC staff, and I will post to this listserve, and continue to update the BCO website and BCO Facebook page as new information comes in.
In our state process, where the Bureau of Labor and Industry (BOLI) is the administrator of our law, passage of the law was followed by BOLI drafting Administrative Rules. These Rules interpreted and clarified the law, even adding a few practical provisions the law had not addressed. This took several months. The federal process is not the same, but I believe the US Department of Labor will need to undergo something similar.
I understand and empathize that women (and their advocates and health care providers) want to know what the new rights are. It is going to be our challenge and opportunity to counsel patience with the next step of the process.
The main message to share with the world is that this is a time of celebration, development and learning. Creativity and patience will be needed on all sides, but overall — the world is shifting to a paradigm that recognizes breastfeeding is the natural outcome of pregnancy, and workplace accommodation is the natural outcome of a society where the majority of mothers and babies are separated due to work. For now, we work within the framework of delivering the product of breastmilk to babies while they’re apart from their mothers, in order to facilitate the experience of breastfeeding when they are together. (At least, this is what I told the DC reporter who called at 6am PST, and I’m sticking to it. ?)
When our President said, “this is what change looks like” this is what he is referring to – that change is incremental. It begins with an imperfect step that through diligence, work and participation, is refined and strengthened. So it will be with this provision.
Trust that more information will follow, and it will be good.
Best,
Amelia
--
Amelia Psmythe, Director
Breastfeeding Coalition of Oregon
Mail: Community Health Partnership:
Oregon's Public Health Institute
315 SW Fifth Ave, Suite 202
Portland, OR 97204-5502
Email: Amelia@BreastfeedingOR.org
Web: www.breastfeedingOR.org
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Friends
This is indeed good news. On a related note, at the request of the NC Child Fatality Task Force, the State Personnel Commission is close to adopting a breastfeeding/lactation policy for state agencies. It could happen as early as May, but most likely in August. The Task Force includes representatives from the Association of County Commissioners and the League of Municipalities. We hope to get those groups to adopt similar policies as well.
Hopefully, this will support the efforts of the NC Breastfeeding Coalition already underway to make all workplaces in our state breastfeeding friendly.
Best wishes,
Tom Vitaglione
All is wonderful.
Hoping it will be a breastfeeding friendly policy (i.e., supportive of breastfeeding) in addition to a milk expression policy! I always have the highest hopes!!!
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