Breastfeeding Legislation Efforts:
State & National

There are at present two pieces of federal legislation related to breastfeeding that will be reintroduced soon.

 

Breastfeeding Promotion Act of 2009

 

The Breastfeeding Promotion Act of 2009, was introduced June 11, 2009 by Senator Jeff Merkley, Oregon and Representative Carolyn Maloney, New York.   There are five components to this legislation, that taken together help make breastfeeding the cultural norm in America. The Breastfeeding Promotion Act of 2009 would:

  • Amend the Civil Rights Act of 1964 to include lactation as a inter-related to pregnancy and childbirth.
  • Provide an employer tax credit for expenses related to creating a breastfeeding-friendly workplace.
  • Instruct the Secretary of DHHS to set a minimum safety performance standard for breast pumps.
  • Expand IRS medical code to include breastfeeding equipment and services, and
  • Require employers of 50 or more* to provide time and space (not a bathroom stall) to express breastmilk or breastfeed during the workday.  (*Note:  does not preempt states with lower employer thresholds for breastfeeding accommodation.)

 

Why this is important to health care reform:

If half the babies born in the US were exclusively breastfed the first six months of life as recommended by the American Academy of Pediatrics, we would save $14 billion in health care costs related to illness preventable by breastfeeding.  We haven't really done health care reform until we've protected infant health.

 

Why this makes a real difference to families:

The fastest-growing segment of the US workforce is women with children under three.  The current economic climate is accelerating that.  Breastfeeding makes a substantial difference for women and children's health over a lifetime, but is often interrupted by return to work.  If we're to have any hope of more babies being breastfed, we need to decide on a strategy that addresses workplace conditions and related issues.  The Breastfeeding Promotion Act touches every aspect of the environment where parents are making infant feeding decisions.

 

Merkely is keeping a promise to breastfeeding moms:

As House Speaker, Jeff Merkely was a champion for Oregon's Rest Breaks for Breast Milk Expression law.  He announced his campaign for US Senate at a luncheon celebrating passage of that law, and his first campaign promise was to bring similar legislation to the national level.  Breastfeeding advocates of Oregon and across the country are deeply grateful and gratified to see this emerge so quickly in Merkley's appointment.

 


Family Medical Insurance Act

 

The Family Medical Insurance Act, known as HR 172 last session, will be sponsored again by Senator Chris Dodd, D, CT.  No news at present on reintroduction dated.  This Act would:

  • Amend FMLA to provide six weeks paid leave to care for a family member.
  • Be funded through employer and employee matched contributions.  (Note:  This funding model is different from the proposed Oregon HB 966, Oregon's Family Leave Insurance Plan, which proposes a worker-sponsored state-run funding model, and places no burden on the employer.)

 

Oregon federal legislator's websites with contact information:

 

For comprehensive summaries of breastfeeding legislative efforts across the 50 states, see:

 

La Leche League International has a very thorough website section related to breastfeeding legislation, organized by geography and subject.

United States Breastfeeding Committee has information on legislative efforts across the states.