Plain talk about breastfeeding
Nursing mothers should know their rights.
August is National Breastfeeding Month. To spread awareness, the parenting website All the Moms compiled a list of breastfeeding rights that nursing mothers should absolutely know.
Turns out, many mamas aren’t aware of the protections put in place for them.
According to a Byram Healthcare survey of 1,000 mothers, 82 percent of expectant mothers in the USA don’t know the main three rights guaranteed to them under the Affordable Care Act, aka Obamacare.
In 2015, the Centers for Disease Control and Prevention said about 83 percent of mothers tried breastfeeding at least once. So when the majority of mothers try breastfeeding but don’t know their rights, it’s time to lay out the laws.
First off: You can breastfeed anywhere, anytime
Breastfeeding in public is legal in all 50 states plus the District of Columbia, Puerto Rico and the Virgin Islands. That happened recently when Utah and Idaho finally legalized it.
In some states, you can get an exemption or postponement from jury duty
Seventeen states have laws addressing breastfeeding mothers who are called to jury duty. Some include the ability to postpone for a year; some include the right to exemption. You might have to submit a letter requesting these options and wait for approval.
You have protections under the Affordable Care Act
1. Costs of breast pumps are covered through insurance at no cost. Health insurance plans are required to cover the price of a breast pump (which could cost a couple of hundred dollars). Insurance companies are allowed, however, to choose the types (electric, manual or rental) and brands they cover. And while you can order your pump as soon as you know your due date, the insurance company can choose when you’re allowed to receive it. (It’s usually closer to your due date.)
2. Costs of lactation consultants are covered, too.
Just like breast pumps, any type of “breastfeeding support, counseling and equipment for the duration of breastfeeding” must be covered by insurance. That includes meetings with lactation consultants who are within your insurance network, counseling for things such as domestic violence, and screening for gestational diabetes.
3. Employers must provide breaks for nursing mothers to pump.
The “Break Time for Nursing Mothers” law, enforced by the U.S. Department of Labor, requires that for one year after a baby’s birth, an employer must give the mother time and space to pump.
Employers are not required to pay mothers while they pump or breastfeed, but they must provide a private space that is not a bathroom (how generous, right?) for mothers to do so.
The law applies unless the employer has fewer than 50 employees and allowing mothers to pump or breastfeed would pose an undue burden on the company.
An important note for “grandfathered” plans
If you receive insurance through an employer, your human resources department will be able to tell you if your plan is or is not grandfathered. If it is, then your insurance company may not have to comply with the coverage requirements under the ACA.