Policies on worksite lactation support within states and organizations

The issue of workplace lactation support has intensified due to the Affordable Care Act of 2010 (ACA) amendment of the Fair Labor Standards Act (FLSA) obliging employers to provide a reasonable break time for nursing mothers.

This objective of this study is to examine organizational policies on worksite lactation support as they relate to the new federal standards in state employees and within large state public and private universities.

State laws were collected from National Conference of State Legislators. Policies for state employees and large public and private universities were collected via human resource or personnel administration websites. The policies were coded for content and compared to FLSA requirements. The presence of state law on lactation support and extent to which the organizational policies encompass FSLA were compared with state breastfeeding rates at 6 months.

After the ACA became effective in 2010, 33 state organizations, 36 state public universities, and 13 private universities issued the administrative notice and aligned their organizational policies with the federal requirements. Twenty-four states enacted worksite breastfeeding law prior to the 2010 federal law. Nineteen states with enacted worksite breastfeeding state laws also have lactation policies for state employees.

States and universities vary in the presence of a formal, written lactation support policy for state employees. There was a significant correlation between State law and 6 months exclusive breastfeeding rates. Future research should investigate whether the federal law serves as stronger catalyst for organizational policies than does state law. Additionally, other policies such as paid maternity leave may also contribute to achieving the desired breastfeeding rates.