Laws in Michigan about Breastfeeding
Okla. Stat. tit. 40, § 435 (2006, 2020) requires an employer to grant a worker who is required to breastfeed or express breast milk for her child a reasonable unpaid break every day. The law requires the Ministry of Health to publish regular reports on breastfeeding rates, complaints received and benefits reported by nursing mothers and working employers. The law also requires state agencies to grant paid breaks to nursing employees to use a nursing room for specific purposes. N.J. Rev. Stat. § 10:5-12 (2018) considers discrimination based on pregnancy or breastfeeding in terms of remuneration or financial conditions of employment to be an unlawful employment practice. General. Ann.
Laws ch. 94G § 4 (2016) requires that the labelling of a package containing marijuana or marijuana products include a warning to pregnant and breastfeeding women about the risks of marijuana use. Article 31-1-9 (1999) of the Children`s Code stipulates that breastfeeding a baby is an important and fundamental parental act that must be encouraged in the interests of the health of the mother and the child and allows a mother to breastfeed her baby in any place where the mother and the baby are entitled to it. House of Representatives Joint Resolution 5 (2003) encourages breastfeeding and recognizes the importance of breastfeeding for maternal and child health. The resolution also commends employers, both in the public and private sectors, who provide accommodation for nursing mothers. Minn. Stat. Ann. Article 145.894 (1990) instructs the State Commissioner of Health to develop and implement a public education programme that promotes the provisions of the Law on Maternal and Child Nutrition. Educational programmes should include a campaign to promote breastfeeding. Mul § 743A.067 (2017) requires health plans offered in this state to provide comprehensive breastfeeding support, counseling, and care.
MDHHS is pleased to announce an initiative to improve breastfeeding rates in Michigan through the publication of the Michigan Breastfeeding Plan: State Strategies To Advance Breastfeeding Practice 2021-2024. This plan emphasizes the importance of breastfeeding at each perinatal stage and describes the strategies that partners must take into account and the commitments of the MDHHS. Several states have unique breastfeeding laws. For example, Cal. Health and Safety Code § 1257.9 (2007) that the Department of Health should recommend at least eight hours of training for appropriate staff in general acute care hospitals that provide maternity care and have exclusive breastfeeding rates of patients in the lowest 25% of the state. Article 383.011 (1998) designates the Ministry of Health as the State agency responsible for the administration or provision of maternal and child health services, including the promotion of breastfeeding. Section 165.032 (1995) of the Texas Health Code provides for a demonstration project on breastfeeding in the workplace and requires the Department of Health to develop recommendations to support breastfeeding in the workplace. Section 617.23 (1998) of Minn.
Stat. Ann. states that breastfeeding is not an indecent exposure. N.H. Rev. Stat. Ann. Article 132:10-d (1999) provides that breastfeeding does not constitute indecent exposure and that restricting or restricting a mother`s right to breastfeeding is discriminatory.
Ill. Rev. Stat. c. 775 Paragraphs 5/2-102 (1991) set out reasonable arrangements to include a private room without a bathroom for breast milk expression and breastfeeding. MDHHS is committed to supporting breastfeeding families, increasing the start and duration of breastfeeding, and closing the gap between black and white populations that still exists in Michigan. Although lactation inequality increased from 19% to 14.7% from 2010 to 2018, the MDHHS continues to work to close this gap. The main cause of inequalities in breastfeeding is systemic racism, and addressing systemic racism must remain at the heart of our policies. Sources: National Conference of State Legislatures and StateNet Note: The list may not be exhaustive, but it is representative of existing state laws. NCSL welcomes additions and corrections. Section 191.918 (1999, 2014) allows a mother to breastfeed her child at her discretion in any public or private place to which the mother is otherwise entitled.
The Act also stipulates that breastfeeding or expressing breast milk by a mother in a public or private place to which the mother and child are otherwise entitled does not constitute sexual conduct or sexual contact within the meaning of section 566.010 and is not considered an act of public indecency. indecent exposure, obscene touching or obscenity. No municipality may make an order prohibiting or prohibiting a mother from breastfeeding or expressing her breast milk in a public or private place. Laws § 41.181, § 67.1 and § 117.4i (1994, 2017) state that public nudity laws do not apply to a woman breastfeeding a child. The law also states that public nudity does not include a woman breastfeeding her baby, whether or not the nipple or areola is exposed during or accidentally with breastfeeding. NY SB 1296 (2021) requires the New York State Department of Health and Human Services to conduct a review of the impact of racial and ethnic disparities on breastfeeding rates and prepare a report and submit it to the Governor and Legislature. One drop: State law protects breastfeeding in public (now applies to all states). There are no state breastfeeding laws in the workplace. Breastfeeding mothers who are paid by the hour are covered by the federal FLSA.
Not the thoracic case scenario. Two drops: state law protects breastfeeding in public (now applies to all states). State law provides for the right to breastfeed in the workplace for certain sectors of employment (e.g., municipal employees) OR mandates breastfeeding accommodations for certain locations (e.g., airports, municipal buildings). Three drops: State law protects breastfeeding in public (now applies to all states). State law protects all working breastfeeding mothers (not just hourly) and goes beyond federal FLSA law. Four drops: State law protects breastfeeding in public (now applies to all states). State law protects all breastfeeding mothers AND additional state laws protect certain populations OR require lactation housing for certain locations. Five drops: the gold standard. State law protects breastfeeding in public (now applicable to all states). State law protects all breastfeeding mothers, sets standards for breastfeeding rooms (e.g., access to a refrigerator), AND additional state laws protect certain populations AND require breastfeeding accommodations for certain locations. Alaska Stat. Sections 29.25.080 and 01.10.060 (1998) prohibit a municipality from enacting an order prohibiting or prohibiting a woman from breastfeeding a child in a public or private place to which the woman and child are otherwise entitled.
The law specifies that obscene behaviour, obscene touching, immoral behaviour, indecent behaviour and similar terms do not include the act of a woman breastfeeding a child in a public or private place where the woman and child are otherwise legitimate. S.C. Code Ann. § 1-13-80 (2018) enacts the Maternity Housing Act, refers to definitions within the framework of human rights, revises terms based on sex or sex used in the context of equal treatment of women affected by pregnancy, childbirth or related diseases, refers to illegal employment practices of an employer and breastfeeding, provides for certain other illegal employment practices related to the failure to provide reasonable accommodation to an applicant or worker. Article 39-13-511 (2006) of the Tenn Code stipulates that the offence of indecent assault does not apply to a mother who breastfeeds her child in a public or private place. Section 18.2-387 (1994) of the Virginia Code exempts nursing mothers from indecent exposure laws. 105 § 5/10-20.60, § 5/34-18.53 and 5/27A-5 (2017) require a public school, including a charter school, to make reasonable provision for a nursing student on a school campus to express breast milk, breastfeed an infant, or meet other breastfeeding needs; provides for complaints procedures. Illinois House of Representatives Resolution 778 (2012) calls on departments that help families and children to provide and promote educational materials on breastfeeding. N.J. Rev. Stat. § 30:4D-6o (2019) requires health benefits and Medicaid coverage for breastfeeding support.
N.J. Rev. Stat. § 9:6-8.98.1 (2018) requires the Child Deaths and Near-Deaths Review Board to examine racial and ethnic inequalities that contribute to infant mortality and address differences in breastfeeding initiation and duration to increase support among racial and ethnic populations. Michigan`s breastfeeding plan is guided by a vision to remove barriers, promote equity, and promote breastfeeding as essential to infant nutrition, social and emotional health, and chronic disease prevention by ensuring that all families have the opportunity to breastfeed for as long as they want. The breastfeeding plan establishes the common curriculum for a collaborative approach to protect, promote and support breastfeeding in Michigan. The strategies in the breastfeeding plan contribute to Michigan`s broader goals of ensuring that all families can reach their health potential and align with the strategies of the plan to improve maternal health and equity of zero preventable deaths and zero health inequality.