Sadly, there is no short answer to this question.  In all likelihood, from 
what I can see here, Colorado law would apply.  Colorado has the better 
workplace pumping law, in my view, but unfortunately it does not become 
effective until August 6th (it is brand spanking new).  Regardless neither 
law addresses the question of the employer allowing a child to be in the 
hotel room on mandatory travel.  Remember both of these state laws address 
PUMPING, not breastfeeding, so neither has anything to do with the presence 
of a child. :(    This case may be more of an issue of convincing the 
employer not to be a schmuck (not a legal term of art) than of finding a 
legal right.

I have pasted the two state workplace pumping laws below.

Yours,
Jake Marcus, J.D.

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The new Colorado law states:

SECTION 1.
Title 8, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW 
ARTICLE to read:

 ARTICLE 13.5

Workplace Accommodations for Nursing Mothers

Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "WORKPLACE 
ACCOMMODATIONS FOR NURSING MOTHERS ACT".

 (1) THE GENERAL 10 ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:

a)      THE AMERICAN ACADEMY OF PEDIATRICS RECOMMENDS BREASTFEEDING 
EXCLUSIVELY FOR THE FIRST SIX MONTHS OF AN INFANT'S  LIFE AND HAS 
CONTINUOUSLY ENDORSED BREASTFEEDING FOR AT LEAST ONE YEAR OR LONGER AS THE 
OPTIMAL FORM OF NUTRITION FOR INFANTS AND AS A FOUNDATION FOR GOOD FEEDING 
PRACTICES;

b)      EXTENSIVE RESEARCH INDICATES THAT THERE ARE DIVERSE AND COMPELLING 
ADVANTAGES TO NURSING FOR INFANTS, MOTHERS, 18 FAMILIES, BUSINESSES, AND 
SOCIETY, INCLUDING LESS ILLNESS AMONG CHILDREN WHO ARE NURSED AND LOWER 
HEALTH CARE COSTS;

c)       EPIDEMIOLOGIC RESEARCH SHOWS THAT BREASTFEEDING INFANTS PROVIDES 
BENEFITS TO THEIR GENERAL HEALTH, GROWTH, AND DEVELOPMENT AND RESULTS IN 
SIGNIFICANT DECREASES IN RISK FOR NUMEROUS ACUTE ILLNESSES;

d)      BREASTFEEDING HAS BEEN SHOWN TO HAVE NUMEROUS HEALTH BENEFITS FOR 
MOTHERS, INCLUDING AN EARLIER RETURN TO  PREPREGNANT WEIGHT, DELAYED 
RESUMPTION OF OVULATION WITH INCREASED CHILD SPACING, IMPROVED BONE 
REMINERALIZATION POSTPARTUM WITH REDUCTION IN HIP FRACTURES IN THE 
POSTMENOPAUSAL PERIOD, AND REDUCED RISK OF OVARIAN CANCER AND 5 
PREMENOPAUSAL BREAST CANCER;

e)      IN ADDITION TO INDIVIDUAL HEALTH BENEFITS, PROVIDING OPPORTUNITIES 
FOR BREASTFEEDING RESULTS IN SUBSTANTIAL BENEFITS TO EMPLOYERS, INCLUDING 
REDUCED HEALTH CARE COSTS, REDUCED EMPLOYEE ABSENTEEISM FOR CARE 
ATTRIBUTABLE TO INFANT ILLNESS, IMPROVED EMPLOYEE PRODUCTIVITY, HIGHER 
MORALE AND GREATER LOYALTY, IMPROVED ABILITY TO ATTRACT AND RETAIN VALUABLE 
EMPLOYEES, AND A FAMILY-FRIENDLY IMAGE IN THE COMMUNITY;

f)       NURSING IS A BASIC, NORMAL, AND IMPORTANT ACT OF NURTURING THAT 
SHOULD BE ENCOURAGED IN THE INTERESTS OF MATERNAL AND INFANT HEALTH.


(2) THE GENERAL ASSEMBLY FURTHER DECLARES THAT THE PURPOSE OF THIS ARTICLE 
IS FOR THE STATE OF COLORADO TO BECOME INVOLVED IN THE NATIONAL MOVEMENT TO 
RECOGNIZE THE MEDICAL IMPORTANCE OF BREASTFEEDING, WITHIN THE SCOPE OF 
COMPLETE PEDIATRIC CARE, AND TO ENCOURAGE REMOVAL OF BOUNDARIES PLACED ON 
NURSING MOTHERS IN THE WORKPLACE.


Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1)      "EMPLOYER" MEANS A PERSON ENGAGED IN BUSINESS WHO HAS ONE OR MORE 
EMPLOYEES. "EMPLOYER" INCLUDES THE STATE AND ANY POLITICAL SUBDIVISION OF 
THE STATE.

2)      "REASONABLE EFFORTS" MEANS ANY EFFORT THAT WOULD NOT IMPOSE AN UNDUE 
HARDSHIP ON THE OPERATION OF THE EMPLOYER'S BUSINESS.

3)      (3) "UNDUE HARDSHIP" MEANS ANY ACTION THAT REQUIRES SIGNIFICANT 
DIFFICULTY OR EXPENSE WHEN CONSIDERED IN RELATION TO FACTORS SUCH AS THE 
SIZE OF THE BUSINESS, THE FINANCIAL RESOURCES OF THE BUSINESS, OR THE NATURE 
AND STRUCTURE OF ITS  OPERATION, INCLUDING CONSIDERATION OF THE SPECIAL 
CIRCUMSTANCES OF PUBLIC SAFETY.


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 WEB 
SITE, 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.


SECTION 2.

Effective date.

This act shall take effect at 12:01 a.m. on the day following the expiration 
of the ninety-day period after final adjournment of the general assembly 
that is allowed for submitting a referendum petition pursuant to article V, 
section 1 (3) of the state constitution, (August 6, 2008, if adjournment 
sine die is on May 7, 2008); except that, if a referendum petition is filed 
against this act or an item, section, or part of this act within such 
period, then the act, item, section, or part, if approved by the people, 
shall take effect on the date of the official declaration of the vote 
thereon by proclamation of the governor.

New York law states:

S 206-C. RIGHT OF NURSING MOTHERS TO EXPRESS BREAST MILK. AN  EMPLOYER SHALL 
PROVIDE REASONABLE UNPAID BREAK TIME OR PERMIT AN EMPLOYEE TO USE PAID BREAK 
TIME OR MEAL TIME EACH DAY TO ALLOW AN  EMPLOYEE  TO  EXPRESS BREAST  MILK 
FOR HER NURSING CHILD FOR UP TO THREE YEARS FOLLOWING CHILD BIRTH. THE 
EMPLOYER SHALL MAKE REASONABLE EFFORTS TO PROVIDE A  ROOM  OR OTHER 
LOCATION,  IN CLOSE PROXIMITY TO THE WORK AREA, WHERE AN EMPLOYEE CAN 
EXPRESS MILK IN PRIVACY. NO EMPLOYER SHALL DISCRIMINATE IN  ANY  WAY AGAINST 
AN  EMPLOYEE  WHO  CHOOSES  TO  EXPRESS BREAST MILK IN THE WORK PLACE.

       S 2. This act shall take effect immediately.







> Date:    Thu, 19 Jun 2008 11:50:07 -0400
> From:    Naomi Bar-Yam <[log in to unmask]>
> Subject: Workplace rights - URGENT!!
>
> Hello everyone,
>  I received this note from an LC friend who is not on lactnet, but =20
> would like to share in your wisdom on this problem. We have her and =20
> mom's permission to post.
>
> Please send your responses and wisdom to Marry Tagge =
> ([log in to unmask]
> ) as well as to the list, since I'm sure others will be interested as =20=
>
> well.
>
> Thanks,
>
> Naomi
>
>
>
> Today I received a distress call from a mom required by her job to  travel 
> to New York for 2 weeks, and she was told if she didnt go she would be 
> fired.  She had arranged to have a family member come to care  for the 
> baby and stay in her room, and was told by her employer she  would have to 
> pay for her own room.  I suggested she try to find out  what the corporate 
> policy is on someone other than the employee in the  hotel room, and what 
> the corporate policy is on family leave, such as  for medical needs.  Her 
> boss took time off to care for an ill child, yet this mom is penalized for 
> attempting to take time to pump for her  child on her breaks.  (The child 
> is 10 months old, which is still a  very fragile age to be separated from 
> mom for 2 weeks).  The mom has already been written up and put on 
> probation for a prior business trip
> where she took a childcare provider with her, mom attended every session, 
> performed at very high levels, and the situation was brought  up somehow 
> after the fact.
>
> I need your help!  What can you offer for this mom, particularly regarding 
> laws in New York?  She lives here in CO, but her company is  based out of 
> NY, and she will be in NY.  Her trip is scheduled for  late July.  She 
> requested contact persons/information about her legal  rights, and hope 
> you can help her.  I referred her to the USBC  website, the WIC 
> breastfeeding Coordinator here in Denver at the state  health dept., the 
> chair of our state brf coalition, two persons working on the milkbank 
> startup in New England, and a member of HMBANA  who has been a rep to the 
> USBC for many years.
> ------------------------------------------
> Naomi Bar-Yam Ph.D.
> Executive Director
> Mothers' Milk Bank of New England
>
> [log in to unmask]
> 617-964-6676
> www.milkbankne.org
> ------------------------------------------

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