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Date: | Fri, 16 Mar 2007 08:19:25 -0500 |
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"The hard work of lactation activists in New Mexico has paid off with the
enactment of House Bill 613: Use of a Breast Pump in the Workplace (PDF).
The new law states:
A. In order to foster the ability of a nursing mother who is an employee to
use a breast pump in the workplace, an employer, including the state and
its political subdivisions, shall provide:
(1) a space for using the breast pump that is:
(a) clean and private;
(b) near the employee's workspace; and
(c) not a bathroom; and
(2) flexible break times.
B. An employer shall not be liable for:
(1) storage or refrigeration of breast milk;
(2) payment for a nursing mother's break time in addition to established
employee breaks; or
(3) payment of overtime while a nursing mother is using a breast pump.
Lactivist Lissa Knudsen reports that the law will go into effect 90 days
after the close of this legislative session on March 17, 2007, which by my
count puts the effective date on June 15, 2007 (but don't quote me on it!)
Knudsen notes:
[I]t would be fantastic if we could get a system in place to support this
law. Other states with similar laws have reported difficulty in enforcing
the law (e.g. having a streamlined process for those who wish to make
complaints against non-compliant employers).
She goes on to ask:
Do any of you have resources or recommendations for how to support those
moms whose employers refuse to follow the law? Also, we would like to
collect data on the effects of the law on breastfeeding rates and employer
expenditures. Has any other state collected data like this and do you have
any existing instruments we could use as a template?
Anyone with information that could help can contact Lissa Knudsen at
[log in to unmask]
An additional breastfeeding bill remains pending in the New Mexico House
Judiciary Committee at this time. Senate Bill 170 (PDF) would exempt
breastfeeding mothers from jury duty. It's interesting to note that the
jury duty bill addresses the concerns we discussed earlier about a similar
bill pending in Michigan as it would also excuse expectant mothers, a
parent or guardian who is not employed full-time and has custody of a child
under six years of age, and a caregiver for elderly or disabled persons."
- Angela White, LLLL Rochester, Michigan
http://www.breastfeeding123.com
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