LIHU‘E — The state Legislature is considering a measure to extend the outreach of a federal law designed to incentivize mothers to keep breastfeeding at work after returning from maternity leave. The proposed legislation would lower to 20 from 50
LIHU‘E — The state Legislature is considering a measure to extend the outreach of a federal law designed to incentivize mothers to keep breastfeeding at work after returning from maternity leave. The proposed legislation would lower to 20 from 50 the number of employees an employer must have in order to provide breaktime and a safe place for mothers to breastfeed.
“We all understand the importance of breastfeeding for as long as possible,” said Rep. Dee Morikawa, D-16th District. “I feel that this bill will allow more mothers the opportunity to accomplish this.”
Morikawa, along with Rep. Derek Kawakami, D-14th District, were two of the several state legislators who co-introduced House Bill 2228.
“I believe that healthier babies today produce healthier adults tomorrow,” Morikawa said.
The Patient Protection and Affordable Care Act signed by President Barack Obama March 23, 2010, amending Section 7 of the Fair Labor Standards Act, requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth.” Employers are also required to provide a place, “other than a bathroom,” that is shielded from coworkers and others.
The federal law, however, is only subject to employers with 50 or more employees. That is not to say states cannot add more teeth to the law.
“The FLSA requirement of break time for nursing mothers to express breast milk does not preempt state laws that provide greater protections to employees,” states Fact Sheet 73 of the U.S. Department of Labor, Wage and Hour Division.
HB 2228 requires an employer with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy.
The current language of the bill also proposes a $50 fine for employers who failed to provide a location or post a notice of a location for breastfeeding employees.
HB 2228 was introduced Jan. 20 and passed first reading Jan. 23. The Labor and Public Employment Committee on Jan. 31 amended the bill to include the fines and recommended passage. On Feb. 7, the bill passed second reading. The following day, it was re-referred to the Labor and Public Employment and to the Judiciary committees.
On Tuesday, the Judiciary Committee recommended passage of the bill, with a technical amendment.
“The bill passed as a House Draft 2,” Keith-Agaran said in an email to The Garden Island Wednesday. “At the request of the Civil Rights Commission, we are moving the breastfeeding section out of the CRC statutory section to another chapter of the Hawai‘i labor laws. Hopefully in conference, if the bill makes it that far, we’ll settle on a proper place for the language.”
Senate version
The Senate introduced a companion bill, SB 2573, to the House proposal. The Senate version of the bill passed the Judiciary and Labor Committee on Feb. 9, and second reading on Friday. The bill was referred to the Ways and Means Committee but has yet to have a hearing scheduled.
The current version of SB 2573 does not set a number of employees that an employer must have in order to provide a place for breastfeeding at work.
The bill calls for a civil fine, but leaves blank the amount of the fine. The current version was amended to make the law effective July 1, 2050, which was a measure to ensure further discussion, according to the committee report signed by Committee Chair Sen. Clayton Hee, D-Kaneohe, and sent to Senate President Sen. Shan Tsutsui, D-Wailuku, Pa‘ia.
Visit www.capitol.hawaii.gov for more information.
∫ Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.x
