Madam Speaker, I have an amendment at the desk. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, there are several contributing factors to why nursing mothers may choose not…
Madam Speaker, I have an amendment at the desk.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, there are several contributing factors to why nursing mothers may choose not to breastfeed and pump milk when returning to work. They include inflexible work schedules that make nursing and pumping breast milk regularly difficult; the lack of accommodations to pump and store milk; and concerns regarding support from supervisors and colleagues to pump milk.
In addition to these factors, women of color and low-income women often experience the need to return to work shortly after giving birth, in many cases earlier than 12 weeks, and they face additional barriers such as racial discrimination and bias whether intentional or not.
This is why I am proud to offer my amendment to H.R. 3110, the PUMP for Nursing Mothers Act, the underlying bill that protects vulnerable workers by expanding access to breastfeeding accommodations in the workplace.
This important piece of legislation advances our goals of equity in the workplace, and my amendment seeks to strengthen this bill by directing the GAO to conduct a study on the racial disparities that exist in access to pumping breast milk in the workplace.
This amendment will also require that GAO submit a report to Congress on the results of this study with recommendations to address any disparities.
Employers can begin to address these barriers by offering private lactation rooms, or nursing rooms, for both breastfeeding and pumping with proper cleaning and storage facilities such as a table, sink, and small refrigerator, providing employees with adequate pump breaks, allowing flexible work schedules, and guaranteeing paid family leave.
In fact, we can look to my home State of Washington as a prime example of how to lead on this issue. In 2019, the State legislature passed and signed into law House Bill 1930, which goes one step further than the current Federal law by expanding pump break rights to include both salaried and hourly employees, requiring employers to provide a private space for pumping that isn't a bathroom, and allowing mothers to get pump breaks for up to 2 years after birth. Washington is also one of the very few States that provides people with up to 12 weeks paid parental leave after the birth or adoption of a child.
Yet, despite current Federal law, strong State-level protections such as the ones in Washington, and the gains that have been made in this area by employers in different sectors across our Nation, racial disparities in the workplace still exist for women wishing to pump. My amendment aims to close this gap and equip Congress with the data it needs to create meaningful solutions.
We must ensure that women and mothers everywhere and from all backgrounds have the support they deserve in the workplace.
Madam Speaker, I urge my colleagues to support this amendment and the underlying bill, the PUMP for Nursing Mothers Act, and I reserve the balance of my time.
Madam Speaker, I include in the Record a letter from A Better Balance.
September 23, 2021.
Re The PUMP for Nursing Mothers Act (H.R. 3110).
Dear Representative: On behalf of A Better Balance, I write
to express our strong support for the PUMP for Nursing
Mothers Act (``The PUMP Act''; H.R. 3110) because no one in
this country should have to choose between feeding their baby
and earning an income for their family. The PUMP Act will
mean millions of workers, excluded under current law, will
have adequate break time and space to express milk at work.
The PUMP Act will further the health of our nation's parents,
babies, and economy. Affording protections to workers so they
can pump milk to feed this country's children should be a
priority for every member of Congress. We urge every member
to support this bipartisan legislation and vote yes on the
PUMP Act.
A Better Balance is a national legal advocacy organization,
using the power of the law to advance justice for workers, so
they can care for themselves and their loved ones without
risking their economic security. We founded A Better Balance
fifteen years ago because we recognized that a lack of fair
and supportive work-family laws and policies, or more
broadly, a ``care crisis'' was harming a majority of workers,
particularly women, especially Black and Latina women, in
low-
wage jobs. In the case of nursing parents, too often, parents
return to work without the supports they need to continue
expressing milk at work and are forced to choose between
giving up breastfeeding and maintaining their employment.
As I shared with the House Education and Labor Committee in
my March 2021 testimony:
We hear over and over again on A Better Balance's free
legal helpline, new mothers returning to the workplace face
unfair treatment because their employers refuse to provide
them with the time and space needed to express breast milk,
forcing them to choose between a paycheck and providing
breast milk for their child. Some workers reduce their
schedules, are terminated, or are forced out of the
workplace, foregoing vital income and familial economic
security because their workplaces are so hostile to their
need to express milk. Others simply stop breastfeeding
altogether, sometimes even before entering the workplace,
perceiving (typically correctly) the challenges as
insurmountable. Too many who continue in their jobs struggle
with harassment, health repercussions, and dwindling milk
supply to feed their babies. These challenges face many new
working parents, but disproportionately low-wage working
mothers of color. These harsh workplace conditions for
breastfeeding parents represent a fundamental unfairness and
inequity in our legal system--and reinforce the stereotype
that motherhood and employment are irreconcilable.
One worker who recently called A Better Balance's helpline,
Sarah, is a certified medication assistant at a large long-
term care facility in Kansas. Despite having thousands of
employees, her employer disparaged her and put up roadblock
after roadblock when she needed to pump at work, telling her
once ``I gave my baby the bottle--I couldn't imagine having a
baby attached to me.'' After her supervisor berated her for
needing to pump, and she attempted to find a space in the
office to pump to no avail because a co-worker walked in,
told her to ``hurry up'', and refused to leave the room,
Sarah resorted to pumping in her car just once a day. Even
then, her supervisor came to the parking lot to try and stop
her from pumping. Because she was only allowed to pump once a
day, she frequently became engorged and suffered painful
clogged milk ducts. Meanwhile, at least of six Sarah's co-
workers took smoke breaks multiple times a day without
comment or issue. The contrast is startling and deeply
upsetting.
Sarah is not alone in her struggle. I also shared Izabel's
story with the committee:
Izabel, a dental assistant in North Carolina, was fired
shortly after submitting a doctor's note requesting three 15-
minute pumping breaks during her shift. Prior to submitting
the note, she had requested pumping breaks and her employer
told her she could only pump once per day during her lunch
break--which did not medically meet her breastfeeding needs--
even though there were roughly three other dental assistants
working in the office who could have helped her with her job
duties while she took breaks. Although likely covered by the
2010 Break Time for Nursing Mothers Act, because of the law's
limited enforcement, Izabel's ability to get her job back or
be made whole were extremely limited.
Beastfeeding Has Myriad Benefits for Parents & Babies But, As We Know
Firsthand, Too Many Workplaces Lack Adequate Protections for Workers
Breastfeeding is increasingly common among American
parents. According to a recent study by the United States
Centers for Disease Control and Prevention survey, more than
84 percent of infants born in 2017 were breastfed for at
least some amount of time. The U.S. Dietary Guidelines for
Americans and the American Academy of Pediatrics recommend
exclusive breastfeeding for about 6 months, and continuing
breastfeeding while introducing complementary foods until a
baby is 12 months old or older. At the same time, more than
half of working parents return to their jobs before their
babies are three months old; twenty-five percent of workers
return within just two weeks of giving birth. This means that
working parents who wish to continue breastfeeding will need
to pump milk on a regular basis upon returning to work in
order to continue feeding their children and to avoid serious
health consequences. However, many parents returning to work
find it incredibly challenging to pump because they are not
provided with adequate break time or space to do so. This may
explain why, although 84 percent of infants born in 2017
breastfed for some period of time, only slightly more than 58
percent were still breastfeeding at six months.
The health benefits of breastfeeding are numerous. As I
outlined in my testimony:
Research shows that breastfeeding has substantial health
benefits for both mothers and babies. Breastfeeding protects
babies from acute illnesses, such as infections and diarrhea,
which can be serious especially in very young and vulnerable
babies like those born preterm, as well as from longer-term
conditions like childhood obesity and asthma. Likewise, as
Nikia Sankofa, the Executive Director of the U.S.
Breastfeeding Committee, made clear in testimony before the
House Subcommittee on Health, Employment, Labor, and Pensions
and the Subcommittee on Workforce Protections in January
2020, the health benefits for mothers who breastfeed are
significant, and include lower risk of breast cancer and
heart disease. Medical consensus urges breastfeeding infants
for at least their first year of life in order to achieve
these health benefits.
Current Federal Law Leaves Behind Millions of Lactating Workers
In 2010, Congress passed the Break Time for Nursing Mothers
Act as part of the Affordable Care Act. The law amended
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) and affords workers ``reasonable break time for an
employee to express breast milk for her nursing child for 1
year after the child's birth each time such employee has need
to express the milk'' and ``a place, other than a bathroom,
that is shielded from view and free from intrusion from
coworkers and the public, which may be used by an employee to
express breast milk.''
While groundbreaking, the 2010 law has three critical
problems: 1) it excludes millions of workers; 2) it has
inadequate remedies for employees whose rights have been
violated; and 3) it lacks clarity around breaks and
compensation.
1. Current law excludes millions of nursing parents. The
2010 law is housed in the overtime provisions of the Fair
Labor Standard Act (``FLSA'') which means that those workers
exempted from overtime--nearly nine million women of
childbearing age--are also excluded from the law's
protections. These millions of workers, including
transportation workers, executive, administrative and
professional workers, and many others, have no federal right
requiring their employer to provide them break time and space
to express breast milk. As I emphasized in my testimony,
``There is no principled reason why these employees should be
denied the law's protections: each industry is fully capable
of standard or innovative solutions to ensure their employees
do not have to choose between breastfeeding and their jobs. .
. The U.S. Department of Health and Human Services' Office on
Women's Health maintains an extensive and detailed website
describing how various industries, such as restaurant and
retail, can provide lactation break time and space, including
video testimonials, employer best practices examples, and
other resources. In 2021, there is simply no excuse not to
meet the needs of breastfeeding workers.''
2. Current law has inadequate remedies for workers who
experienced violations. Given the current law's placement in
the overtime provisions of the FLSA, the remedy for
violations of the Nursing Mothers law is misaligned.
Currently, the available remedy is to pay a worker any
overtime owed to them. As I explained to the Education and
Labor Committee in March,
``Such a remedy makes sense in the context of overtime: an
employee who works forty-five hours in a week without
overtime pay should be compensated with the missing payment
to be made whole. For a breastfeeding worker who has been
denied time and space to pump, however, this remedy is
nonsensical. A breastfeeding worker who is told she cannot
clock out to pump has been denied an unpaid break. Therefore,
she has no entitlement to payment and the law's contemplated
remedy--compensation for wages--is meaningless to her . . .
These weak enforcement mechanisms are antithetical to the
goal of ensuring that breastfeeding workers can get the
timely accommodations they need to continue breastfeeding and
keep their jobs''
3. Current law lacks clarity regarding pumping breaks and
compensation. Under current law, pumping breaks that are not
taken during a paid break do not need to be paid. However,
often, workers who are pumping may clock out but will still
take phone calls, emails, or other work requests while
pumping, and are then denied compensation for their time
worked while pumping. Because the language in the law says
that breaks may be uncompensated, confusion persists and
violations can occur when employers continue to require
employees to work while taking an unpaid pumping break.
The PUMP Act Would Close Gaps in the Law, Provide Appropriate Remedies
for Employees, and Give Clarity Around Compensation. Alternative
Proposals Fall Well Short of This Goal
The PUMP Act will close the gaps in current law and extend
the 2010 law's protections to nearly nine million employees
who are currently uncovered, including nurses, teachers, and
software engineers. Corporate leadership, coupled with
employees, advocates, and government agencies, have already
devised innovative, affordable, and flexible solutions for
nearly every workplace environment. In addition, the
Committee on Education & Labor also added language at the
bill markup requiring the U.S. Department of Labor to work
with the Department of Health and Human Services to build out
guidance for employers.
The legislation will also provide employers additional
clarity as to when break time can be unpaid, and will provide
remedies that are already available for other FLSA violations
if a worker's rights are violated. At the Education & Labor
Committee mark-up of the bill, the Committee also added
language ensuring fairness for employers by requiring
employees to inform their employers about inadequate space to
express breast milk 10 days before they file suit for
violating the requirement. The PUMP Act will benefit workers
and business alike, as there are well-recognized bottom-line
benefits for employers
in providing break time and space for lactating employees,
such as reduced absenteeism, lower healthcare costs, and
greater recruitment and retention. This is why the U.S.
Chamber of Commerce supports this legislation.
At the Committee markup, the minority introduced an
Amendment in the Nature of a Substitute, and subsequently, a
bill which mirrored that substitute amendment. Now, there is
an attempt to include this language again as a substitute
amendment to this bill. Although encouraging to see members
voice support for break time and space, this substitute
amendment does not afford the protections that breastfeeding
parents need because it does not address the two main
problems that the PUMP Act is addressing. The alternative
bill continues to exclude millions of workers from break time
and space protections and continues to leave workers with no
meaningful remedies. Supporting the alternative bill and not
the PUMP Act is hollow at best and offensive to working
parents who need real protections.
The PUMP Act will finally close the gaps in the law that
have left too many working parents without the ability to
pump at work and thrust into the painful position of choosing
between breastfeeding and their job. Congress has the
opportunity to right a fundamental wrong and pass the PUMP
Act. We urge you to support nursing parents in a meaningful
way and pass the PUMP Act.
Sincerely,
Dina Bakst,
Co-Founder & Co-President,
A Better Balance.
Madam Speaker, I yield such time as she may consume to the gentlewoman from New York (Mrs. Carolyn B. Maloney).
In closing, Madam Speaker, I urge all of my colleagues to support this amendment that benefits all of us regardless of our political affiliation. This is a bipartisan bill, it deserves our support as well as the amendment, and I yield back the balance of my time.