Updates the breastfeeding mother's bill of rights

2 Co-sponsors

• Liz Krueger
• Marc Panepinto

BILL NUMBER:S5183

Title of bill

An act to amend the public health law, in relation to the breastfeeding mother's bill of rights

Purpose

To provide support for breastfeeding as the best modality to achieve infants' immediate and long term health outcomes by making mothers aware of their right to take reasonable, unpaid breaks at work in order to pump breast milk.

Summary of provisions

Section one amends subdivision 3 of section 2505-a of the public health law to include mother's rights under section 206-c of the Labor Law in the Breastfeeding Mother's Bill of Rights.

Section two is the effective date.

Justification

The Breastfeeding Mothers' Bill of Rights is the work of a team of pediatricians, WIC personnel, New York City Department of Health staff and lactation specialists. It represents their expertise and experience in the health delivery system and the need for providing support for breastfeeding as the best modality to achieve infants' immediate and long term health outcomes. A public posting in maternal healthcare facilities, nurseries, maternity floors and post-delivery recovery rooms of these rights and like distribution will encourage and support breastfeeding as the optimum standard for newborn and infant feeding.

Numerous studies and reports published over the last several decades by the CDC, FDA and American Academy of Pediatrics have concluded that breast fed infants have fewer hospital stays and suffer fewer ear and gastrointestinal infections, rashes, food allergies, diarrhea and are at lower risk for sudden infant death syndrome, asthma and obesity than bottle-fed babies. This is especially true when exclusive breastfeeding is continued from six months until the child is one year old as antibodies contained in the mother's milk contribute to lowering the risk factors for these medical problems and infections. The American College of Obstetricians and Gynecologists supports extended breastfeeding because it has a long range benefit of reducing the risk of ovarian and breast cancers. Additional benefits to mothers are a lower risk of adult-onset diabetes and osteoporosis. Even the International Formula Council, a trade association, has stated, "Breastfeeding is the preferred and recommended method of infant feeding."

Consequently, it is important that mothers are aware of their breastfeeding rights to safeguard their own health and the health of their children. Under section 206-c of the Labor Law, women have the right to take reasonable, unpaid breaks at work in order to pump breast milk for up to three years following childbirth. Including this

right in the Breastfeeding Mothers' Bill of Rights, which is publically posted in maternal healthcare facilities, nurseries, maternity floors and post-delivery rooms, ensures that women are aware of this right and the fact that their employers cannot discriminate against them based on their decision to express breast milk at work.

Legislative history

New bill.

Fiscal implications

None to state.

Effective date

January 1st next succeeding enactment.