Policy

Breastfeeding at work would be OK under proposed Ohio law

A proposed Ohio law would require employers to allow lactating women unpaid time every day to breastfeed while at work. The proposal in the Ohio House of Representatives would also require employers to “make a reasonable effort” to furnish lactating women with a “sanitary room” that is not a bathroom to breastfeed. “You don’t eat […]

A proposed Ohio law would require employers to allow lactating women unpaid time every day to breastfeed while at work.

The proposal in the Ohio House of Representatives would also require employers to “make a reasonable effort” to furnish lactating women with a “sanitary room” that is not a bathroom to breastfeed.

“You don’t eat your lunch in a toilet stall, so to expect someone to express breast milk in that sort of environment is totally unreasonable,” said Rep. Marian Harris, D-Columbus, one of the bill’s sponsors.

To the extent possible, the breastfeeding time should run concurrently with break time already allotted to the employee, according to the proposal.

Harris said the legislation is modeled after a section of the recently passed federal health reform law that requires employers to provide their workers with time to breastfeed up to a child’s first birthday. However, the federal law exempts employers with fewer than 50 employees, provided the employer can show that complying with the law would cause it an “undue hardship.”

Harris acknowledged that she wasn’t aware of any employers barring women from breastfeeding while on the job and said most employers likely allow it. However, it’s possible that women don’t register complaints about being banned from breastfeeding at work because they fear doing so would get them fired, she said.

The Ohio Small Business Council is still reviewing and assessing the proposal, but it has “concerns” about the legislation, according to Carrie Haughawout, the organization’s director. The Small Business Council is affiliated with the Ohio Chamber of Commerce.

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Haughawout said the Chamber supports employers accommodating breastfeeding women on the job and thinks most employers already do. “A government mandate is a one-size-fits-all approach that ignores the individual needs of employers and employees,” she said.

It might be easy for an office-based employer to comply with the law, but it would be much tougher to accommodate employees who work in toll booths or quarries, for example, she said.

Currently, 24 U.S. states, Puerto Rico and the District of Columbia have legislation related to breastfeeding in the workplace, according to the U.S. Breastfeeding Committee.

The longer a woman breastfeeds her child, the lower her risk of serious diseases such as diabetes, heart disease and breast cancer, and the lower the child’s risk of infections, obesity, diabetes and other diseases and conditions, according to the Committee.