Assembly Concurrent Resolution No. 155 - Relative to Breastfeeding

Summary: ARC 155 would encourage the State of California and all California employers to accommodate the needs of breastfeeding employees, and ensure adequate facilities are provided for breast feeding, or the expressing of milk for their children.

Position and Supporting Arguements: SUPPORT. This resolution will increase the number of mothers who choose to continue to breastfeed their infants after returning to work by accommodating their need for an adequate facility to either breastfeed or express milk. Employers benefit by having lower health care costs, less employee absenteeism, and better morale, and employees are also more likely to return to work earlier from maternity leave if they do not foresee complications with being able to continue to breastfeed. There is extensive proof that breastfeeding is the most healthful way to feed infants, and that it leads to decreased infant mortality and morbidity rates. Savings are achieved for families with infants, and for governmental programs responsible for the cost of infant health care. This resolution is consistent with the following: the Governor’s Prevention Agenda; the Department of Health Services (DHS) mission and goals; the DHS Breastfeeding Friendly Workplace Program; the DHS Strategic Plan for Breastfeeding Promotion, and the Legislature’s record on measures that protect and improve the health and well being of Californians, especially infants and children.

Legislative History: Federal law mandates that women on the Women, Infants and Children (WIC) program be encouraged to breastfeed. Nationwide, this type of breastfeeding legislation has received bipartisan support and many bills have been passed by unanimous votes. California has previously enacted laws relating the health aspects of breastfeeding, the need for data collection (Chapter 26/1993 and Chapter 1119/1991) and most recently legislation authorizing a mother to breastfeed her child in public (AB 157/1997). More than twenty three states have enacted legislation to further promote and protect breastfeeding. Texas has enacted legislation that provides incentives to employers to encourage breastfeeding in the workplace. And Florida has enacted legislation to create a breastfeeding project to determine the benefits, barriers, and cost of implementing breastfeeding friendly support policies for state employees. These policies will be formatted for the entire state of Florida, and will address issues such as work schedule flexibility, accessible locations and privacy to pump or nurse, and access to clean, safe water sources for cleaning breast pump equipment.

Program Background: Breastfeeding promotion services are provided within the scope of benefits by WIC, Maternal and Child Health (MCH), Children’s Medical Services (CMS) and Medi-Cal when beneficiaries meet the criteria for requiring those services. WIC provides education and supplemental food to breastfeeding mothers. Comprehensive Perinatal Services Program (CPSP) provides perinatal education and support. CMS supports mothers in breastfeeding during health visits for infants and young children. Medi-Cal currently reimburses for lactation counseling and breastfeeding aids for women with special needs. The Department has adopted a Breastfeeding Friendly Workplace Program and has opened two lactation rooms within the Department. This new departmental program allows new mothers time and privacy for lactation in the workplace. With supervisory approval, each breastfeeding employee participating in the program is given release time in lieu of regular breaks or rest periods.