New Colorado Law Supports Breastfeeding Mothers in the Workplace
August 4, 2008 by Angela White, J.D., breastfeeding counselor
Filed under breastfeeding, law, nursing in public, pumping
A new Colorado breastfeeding law goes into effect on August 5, 2008. The Workplace Accommodations for Nursing Mothers Act reads in part:
8-13.5-104. Right of nursing mothers to express breast milk in workplace – private location – discrimination prohibited.
(1) An employer shall provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child’s birth.
(2) The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy.
(3) An employer that makes reasonable efforts to accommodate an employee who chooses to express breast milk in the workplace shall be deemed to be in compliance with the requirements of this section.
(4) The Department of Labor and Employment shall provide, on its website, information and links to other web sites where employers can access information regarding methods to accommodate nursing mothers in the workplace. The Department shall consult with appropriate organizations or associations to determine the appropriate information and web site links to provide on the Department’s web site so as to provide employers with the most accurate and useful information available.
(5) Before an employee may seek litigation for a violation of this section, there shall be nonbinding mediation between the employer and the employee.
Read the full text of the law, including definitions and a legislative declaration on the benefits of breastfeeding and definitions, here. A separate Colorado law already provides that “A mother may breastfeed in any place she has a right to be.”
Why is it the employers responsibility to provide an appropriate place? The employer has already provided 3 months off! The employee chose to have a child, not the employer! As the manager of a small business, I have a dozen office that are all occupied on a floor with 4 other businesses. Where am I supposed to provide thats private without incurring anymore costs for a decision I was not included in making?
M, I can understand your frustration and have heard that complaint from other small business owners. There are many benefits to supporting breastfeeding/pumping — breastfed babies are healthier than formula-fed babies, resulting in fewer absences from work for the employee, and possibly lower insurance costs. Studies show breastfeeding is also good for the mother’s health. The accommodations you make are also good for employee morale, and resulting loyalty to the company.
There are lots of options for providing a place to pump — an unused conference room, an office normally vacated for lunch and/or regular meetings, even a storage area that is clean and has an electrical outlet and room for a chair.
Hopefully you can feel good knowing that you support something that actually saves babies’ lives!