Federal and Other State Laws
Break Time for Nursing Mothers Law
“Reasonable Break Time for Nursing Mothers” – Section 4207 of the Patient Protection and Affordable Care Act (also known as ACA or Health Care Reform), amended the Fair Labor Standards Act (FLSA), or federal wage and hour law. The amendment requires employers to provide reasonable break time and a private, non-bathroom place for nursing mothers to express breast milk during the workday, for one year after the child’s birth. The new requirements became effective when the Affordable Care Act was signed into law on March 23, 2010.
For more information about this law, click here.
Payer Coverage of Breastfeeding Support and Counseling Services, Pumps and Supplies
The Patient Protection and Affordable Care Act also included a provision that requires coverage of preventive health services for women, including “breastfeeding support, supplies, and counseling,” further defined as “comprehensive lactation support and counseling, by a trained provider during pregnancy and/or in the postpartum period, and costs for renting breastfeeding equipment.” These preventive services must be covered in conjunction with each birth, beginning in the first plan year (in the individual market, policy year) that begins on or after August 1, 2012. Plans must eliminate cost-sharing for these services, meaning they can no longer charge a patient a copayment, coinsurance, or deductible when services are delivered by a network provider.
For more information about the Affordable Care Act, visit these links:
National Women’s Law Center – Health Benefits for Women
National Women’s Law Center – One Year Anniversary of Affordable Care Act
Federal Policy & Initiatives Overview and Breastfeeding Advocacy HQ– United States Breastfeeding Committee (USBC)
International documents related to breastfeeding– United States Breastfeeding Committee (USBC)
Other State Laws
Breastfeeding and the Law – Helpful information about breastfeeding laws by La Leche League International
BreastfeedingLaw.com is the most comprehensive website available concerning breastfeeding law in the United States.
National Conference of State Legislatures-Breastfeeding Laws – Listing of statutes and laws related to breastfeeding for each state.