Legislature(2007 - 2008)BELTZ 211
02/28/2008 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB258 | |
| SB147 | |
| SB113 | |
| SB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 113 | TELECONFERENCED | |
| *+ | SB 258 | TELECONFERENCED | |
| += | SB 160 | TELECONFERENCED | |
| = | SB 147 | ||
SB 113-NURSING MOTHERS IN WORKPLACE
1:46:28 PM
CHAIR ELLIS announced SB 113 to be up for consideration.
PATRICK CUNNINGHAM, legislative intern to Senator Ellis, sponsor
of SB 113, said in February of this year Governor Palin created
a planning counsel to develop strategies to respond to health
care issues in Alaska. It provided seven policy recommendations;
the policy given the highest priority was a recommendation for
personal responsibility and prevention in health care. SB 113
responds to these priorities.
He said the current statute that was passed in 1998 prohibits
municipalities from enacting an ordinance that prohibits or
restricts a woman who is breastfeeding a child in public or
private locations where the woman and child are otherwise
authorized to be. He said 39 states including Alaska have laws
allowing women to breast feed in any public or private location
as of 2008; 14 additional states have gone forward with laws
relating to breastfeeding in the workplace. He noted that the
Pacific states other than Alaska had enacted law.
The United States Breastfeeding Committee's mission is to
improve the nation's health by working collaboratively to
protect, promote and support breastfeeding. It has 40 member
organizations that have done a lot of research in this regard.
They found that breastfeeding provides numerous well-documented
health benefits to infants and mothers; they are the greatest
when human milk is the baby's primary food for at least the
first six months of life. A year is even better.
MR. CUNNINGHAM said studies indicate breastfed babies have less
frequent and severe infectious illness, less at risk for death,
meningitis, childhood cancers, diabetes, obesity and
developmental delay. For the nursing mother there is a reduced
risk for breast cancer, ovarian cancer and osteoporosis.
Developing children have demonstrated higher IQs, improved
reading comprehension, mathematical and scholastic ability
during the school years.
He said demographics show that mothers are the fastest growing
segment of the U.S. labor force. Approximately 70 percent of
employed mothers with children younger than three years work
full time; one-third of these mothers return to work within
three months after birth and two-thirds return within six
months. Mothers who work outside the home initiate breastfeeding
at the same rate as mothers who stay at home; however the
breastfeeding rate declines substantially in mothers who return
to work. This results in a shorter duration of breastfeeding of
children. In 2000 - 2003, 42 percent of Alaskan mothers of
newborns reported they were currently in school or working
outside of their home. Of the mothers who stopped breastfeeding
their infants 22 percent reported that one reason they did so
was because they were returning to work or school.
MR. CUNNINGHAM said a study in two California corporations found
twice as many absences related to a sick baby among employees
who did not breastfeed compared with those who did. Among babies
who were never sick, 88 percent were breastfed. Among the
breastfed mothers there was less employee turnover, faster
return from maternity leave, less employee absenteeism, reduced
overtime or temporary worker costs, lower utilization of
employee health care benefits, improved employee morale and
loyalty, improved image of the company as being family-friendly,
improved recruiting for personnel and improved retention of
employees after child birth.
1:53:14 PM
He said the trend in employment legislation seems to be evolving
with a combination of these approaches: specifying that it is a
discriminatory practice to stop a woman from expressing milk or
breastfeeding on her breaks or to treat her differently from
other employees because she is breastfeeding, requiring
employers to provide sufficient break time to express milk in a
private sanitary place and providing mothers with a remedy for
violation of the law from civil penalties and fines to award of
attorney fees.
Some of the minimum conditions to support breastfeeding in the
workplace are: allow a 20 - 30 minute break for both morning and
afternoon for mother to nurse her infant or express her milk,
providing a private clean area, providing a safe, clean and cool
place to store expressed milk, having a clean safe water source
and sink nearby for washing hands and equipment.
MR. CUNNINGHAM said SB 113 has three components. First the
employer shall provide reasonable unpaid break time each day to
nursing mothers, the break time run concurrently with other
break times and must occur at times that reasonably insure the
health and comfort of the mother and child and allow the
employee to maintain breast milk supply and lastly it says,
unless to do so would create a substantial undue hardship on the
employer, he shall provide a private, secure and sanitary room
or other location in close proximity to the work area other than
a toilet stall for expressing milk or breastfeeding.
1:55:02 PM
The bill has two definitions, one for employer that means a
corporation, company, partnership, firm, association,
organization or sole proprietor including the state and any
political subdivision of the state. "Undue hardship" is defined
as an action that unreasonably difficult or costly when
considered in relation to factors like the size and financial
resources of the business and the nature and structure of its
operation.
1:55:38 PM
SENATOR BUNDE asked how it provides for a mother who chooses not
to breast feed, but who would want the opportunity to feed her
infant.
MR. CUNNINGHAM replied that was a good suggestion.
1:56:13 PM
DANA KENT, Clinic Operations and State WIC Breastfeeding
Coordinator, Department of Health and Social Services (DHSS),
supported SB 113. She said she has been working with the Women,
Infants and Children Program for about 20 years in the State of
Alaska and has a lot of experience with breastfeeding moms and
babies.
MS. KENT stated that it's clear that breast milk is a superior
way to feed a baby over formula. Returning to work makes
maintaining milk supply difficult. Obstacles are inflexible
break times and not having a private place to nurse or express
milk. She concurred with Mr. Cunningham's list of benefits to
breast feeding and added less sudden infant death syndrome,
allergies, asthma, diabetes, respiratory illness and disease,
Crohn's disease, multiple sclerosis and, particularly in Alaska,
childhood overweight and obesity. Breastfeeding is good for
mothers in terms of reducing risk of cancers and lupus.
2:00:15 PM
CHAIR ELLIS recounted that one of the remaining challenges is
that it is more of a burden on some businesses than others. He
asked if she could work with employers to find those reasonable
accommodations to educate employers about the benefits to their
bottom line of making this possible for employees if the law so
requires.
MS. KENT replied that the administration didn't have a position
on this bill yet and that she was looking at the benefits from a
health and social services perspectives.
2:01:40 PM
SENATOR STEVENS asked if this might require a business to allow
a mother to bring her child to the workplace and to provide
facilities for children in their business.
2:02:40 PM
MS. KENT replied that someone with more knowledge of the intent
of the bill could better answer that.
STEPHANIE BIRCH, Chief, Section of Women, Children and Family
Health, Division of Public Health (DPH), Department of Health
and Social Services (DHSS) supported SB 113 and the comments of
previous speakers. She said the American Academy of Pediatrics,
the American College of Obstetricians and Gynecologists, the
American Academy of Family Practitioners, the World Health
Organization and the United Nation's Children's Fund along with
many other organizations recommend exclusive breastfeeding for
the first six months of life and continued breastfeeding along
with appropriate supplemental foods until 12 or more months of
age. Women with infants and toddlers are the fastest growing
segment of today's workforce and more than 50 percent of women
who are working when they become pregnant return to work by the
time their infant is only 8 - 12 weeks old. Employers save money
because of lower absenteeism, parents with breastfed children
have fewer days of work because their children are healthier.
Health care costs are lower for breastfed babies; they require
fewer sick care visits, prescriptions and hospitalizations.
For every 1,000 babies who are never breastfed, there are 2,033
excess office visits, 212 excess days of hospitalization and 609
excess prescriptions that are written. This is documented in a
study done by the Oregon Department of Health and Human
Services. In 2001 the U.S. Department of Agriculture estimated
that a minimum of $3.6 billion would be saved if the prevalence
of exclusive breastfeeding increased from the current rates to
those recommended by the surgeon general. Other studies estimate
a societal cost savings $250 - $840 per year per child.
MS. BIRCH also concurred that breastfeeding is a protective
factor of SIDs which is an especially serious problem in Alaska
where its rate was reported to be 1.5 times higher than the
nation's for 2000 - 2002.
CHAIR ELLIS said that the health benefits of breastfeeding have
been established on the record and he hasn't heard any
disagreement on that and that drafters did not intend to require
child care on the premises.
2:07:02 PM
SARAH GROSSHUESCH, Public Health Educator, Department of Health
and Human Services, Municipality of Anchorage, supported SB 113.
She explained the Municipality of Anchorage WIC program is a
strong advocate for breastfeeding and the ability for moms to
pump at work is a major concern that is constantly brought up by
clients when they are returning to work. A woman must pump every
2-3 hours preferably in a private space, not the bathroom and
for 15-20 minutes. In addition, she said, the mayor's task force
on obesity and health identified three key areas that impact
obesity in the community - physical activity, nutrition and
built environment. Encouraging employers to support
breastfeeding employees with adequate break time and a private
space to express milk is a strategy identified by the 10-year
plan to improve nutrition in the workplace.
2:10:39 PM
CATHERINE TAPEY, President, Alaska Breastfeeding Coalition,
supported SB 113. She supported all the previous testimony.
2:11:55 PM
SUSAN HENNON, Coordinator, Women, Infants and Children's'
Program, Southeast Alaska Regional Health Consortium (SEARHC),
said one of the most rewarding aspects of her job is helping the
women she serves be successful in their breastfeeding efforts.
Her comments agreed with previous speakers in support of SB 113.
2:15:19 PM
She said SEARHC established a breastfeeding policy in 2006
because they understood they couldn't encourage employers to
allow their employers time to breastfeed or express milk without
implementing such a policy themselves. Their policy goes beyond
the scope of SB 113 by providing paid time in which to either
breastfeed on site or to express the milk. She put together a
packet for the committee to use as a guide for implementing
similar policies. This is an exception to the no children in the
workforce policy. They have successfully implemented this policy
for two years. She encouraged the State of Alaska to take the
lead as well and pass SB 113 without delay.
2:18:10 PM
DEBI BALLAM, Lactation Consultant, Bartlett Regional Hospital,
said she runs a new parent support group. One of the women in it
worked at the University and had to express milk in a toilet
stall and she said "That is untenable." They should think of
things as risks of not being breastfeed - not benefits. It's not
that your IQ is higher because you are breastfed; your IQ is
lower because you were not breastfed. They need to think of
breastfeeding as the norm. She said women need to return to the
workforce in the U.S. and here in Alaska especially because of
the high cost of living and they need to be supported to do so.
She said all the public health agencies support the work force
supporting breastfeeding.
CHAIR ELLIS asked if business groups have come around on this
subject.
MS. BALLAM answered SEARHC has and while Bartlett Regional
Hospital doesn't have a policy in place, it supports all of the
employees by providing break time and a place for mothers to
express milk or feed the baby. They are not advocating a place
on site.
2:20:47 PM
MEGH BARNETT, representing herself, Anchorage, supported SB 113.
SARAH FERRENCY, Teacher, Sitka Alternative Highs School, asked
if political subdivisions include local governments and schools.
She had an experience about five years ago where a student had a
baby and had a very supportive partner who brought the baby into
nurse. The school's policy really didn't accommodate her and
ultimately she was forced to choose between nursing her baby and
completing her education and she chose nursing her baby. Her
child is a brilliant kindergartener now. She sacrificed a lot
and she shouldn't have had to. She is a successful employee, but
didn't get her high school diploma.
MS. FERRENCY said the state should also consider that her
daughter had a friend who chose to stay on welfare instead of
going back to work so that she would be able to breastfeed her
child because she knew that was the best thing for him. She
could have been a working parent during that time.
Another friend wasn't able to express her milk and a good friend
brought her baby in so she was able with a flexible employer to
nurse her baby. Finally she wanted to see guidelines for what
constitutes "reasonable" because 20 minutes twice a day is not
enough to keep up a milk supply if you have a two month old
baby.
2:23:54 PM
CHAIR ELLIS asked if it's common for a mother not to be able to
express the milk.
MS. FERRENCY replied she didn't know.
2:24:19 PM
NICKI NEAL, Director, Division of Personnel, Department of
Administration (DOA), didn't have a position on this bill at
this time, but wanted clarification on what is meant by "private
and secure." Currently, she said, the State of Alaska makes
every effort to accommodate women who breastfeed or need to
express milk - sometimes letting them use a conference room.
2:25:29 PM
DEADRA HALL, representing herself, said she is a State of Alaska
employee, a member of the ASEA and a breastfeeding mother; she
supported SB 113. She related that she has a lot of problems
because she is trying to supply milk to her child and her milk
production has gone down since she has returned to work. Most
bathrooms don't have plug-ins and you need electricity to run
the pump along with privacy to use it.
2:27:06 PM
GREG LIGHT, representing himself, said he supported SB 113. As
an office manager he has two nursing mothers. He is lucky to
have an empty office that he is allowing them to use for
expressing milk and it has improved their morale and he knows
they came back earlier from maternity leave because they were
going to be able to do that.
2:28:52 PM
SENATOR BUNDE said he thought the zero fiscal notes were
inaccurate and that there would be a cost to the state to create
places for this to happen.
CHAIR ELLIS said the bill has a further referral to the HESS
committee where some of the health issues would be covered.
SENATOR STEVENS said he thought the committee needed to address
the issue of children in the workplace and make it very clear
they are not talking about changing any rules on no children in
the work place. Second, he wanted to know if they would have to
provide facilities in any political subdivisions of the state
including high schools.
CHAIR ELLIS said they wanted the issues up front and held SB 113
for further consideration.
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