Legal Protection for Breastfeeding Mothers
BREASTFEEDING IN PLACES OF PUBLIC ACCOMMODATION
- Conn. Gen. Stat. § 46a-64 (1997) prohibits places of public accommodation, resort or amusement from restricting or limiting the right of a mother to breastfeed her child. (1997 Conn. Acts, P.A. 210). §46a-64 allows mothers to breastfeed their babies in places of public accommodation. This law is enforced by the Connecticut Commission on Human Rights and Opportunities (CHRO), which enforces anti-discrimination laws in the State of Connecticut.
- Conn. Gen. Stat. Ann. § 53-34b provides that no person may restrict or limit the right of a mother to breastfeed her child.This law states that mothers can generally breastfeed at a time, place and manner of their choosing while in a place of public accommodation. They do not have to go to a special area or go into the restroom. They do not have to cover the baby with a towel or blanket. The owner, manager or employee of a place of public accommodation cannot request that the mother stop breastfeeding her baby, cover up, move to a different room or area, or leave.
BREASTFEEDING IN THE WORKPLACE
- Conn. Gen. Stat. § 31-40w (2001) requires employers to provide a reasonable amount of time each day to an employee who needs to express breast milk for her infant child and to provide accommodations where an employee can express her milk in private. (HF 5656)
- Connecticut law (Connecticut General Statutes Section 31-40w) and Federal law (Public Law 111-148, The Patient Protection and Affordable Care Act, amending Section 7 of the Fair Labor Standards Act), state that your employer must allow you to breastfeed or express breast milk at work. If you are not covered by the Connecticut workplace accommodation law, you may be covered by the Federal law.
- The Connecticut law applies to all businesses in Connecticut no matter the size. The Connecticut Breastfeeding in the Workplace Law is enforced by the Connecticut Department of Labor. The federal law also applies to all businesses; however, if your business has fewer than 50 employees, it may be exempt from providing a break time for an employee to express milk or breastfeed if it would cause the business an “undue hardship.” For guidance on what would constitute an “undue hardship” under the federal law, see the U.S. Department of Labor’s fact sheet: http://www.dol.gov/whd/regs/compliance/whdfs73.htm
BREASTFEEDING & JURY DUTY & COURTHOUSES
- 2012 Conn. Acts, P.A. 51 allows a jury administrator to grant a postponement of jury duty for no more than 12 months to any mother who is breastfeeding her child or expressing breast milk for her child. The law requires the judicial branch to maintain information regarding jury services, including information for breastfeeding women about their ability to postpone jury service or request a reasonable accommodation be made, on its website. (SB 194)
- If you choose to serve and would like to request an accommodation, such as a private room to express milk, please contact Jury Administration at 1-800-842-8175 and speak with a service representative. While requests for accommodation do not have to be made in advance, it will help ensure that your needs are met on the day of your service.
- The Connecticut Breastfeeding Coalition (CBC), Connecticut Department of Public Health (CT-DPH), Connecticut Department of Labor (CT-DOL), and the Connecticut Commission on Human Rights and Opportunities (CHRO) developed a Frequently Asked Questions Guide about these laws.
Effective March 23, 2010, the Patient Protection and Affordable Care Act (ACA) amended the Fair Labor standards Act (FLSA) to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk. The US Department of Labor developed a Fact Sheet about the Break Time for Nursing Mothers Law.
Fact Sheet #73: Break Time for Nursing Mothers under the FLSA
Workplace Support in Federal Law
Employment Protections for Workers Who Are Pregnant or Nursing
Advocacy Resources
The CBC is interested in hearing from you. If you or someone you know feel that your rights have been violated in regard to breastfeeding in public and/or in your place of employment please contact us. Please also consider filing a complaint with the Connecticut Commission on Human Rights & Opportunities.
We can provide confidential information and guidance including contact information if you wish to file a formal complaint.
- To get involved in advocating for Breastfeeding Rights in Connecticut contact the Connecticut Breastfeeding Coalition.
- To get involved in advocating for Breastfeeding Rights nationally go to the United States Breastfeeding Committee (USBC).
- To contact your Connecticut legislators, go to the Connecticut General Assembly website.
- To join a grassroots effort of women, mothers, and families, go to MomsRising.org.
- To advance the efforts of Paid Family Leave in Connecticut go to paidfamilyleavect.org
The CBC is interested in hearing from you. If you or someone you know feel that your rights have been violated in regard to breastfeeding in public and/or in your place of employment please contact us. Please also consider filing a complaint with the Connecticut Commission on Human Rights & Opportunities.
We can provide confidential information and guidance including contact information if you wish to file a formal complaint.
