2006 Regular Session
To: Public Health and Human Services
By: Representative Clarke, Barnett, Blackmon, Buck, Burnett, Calhoun, Clark, Cockerham, Dickson, Ellis, Espy, Fleming, Harrison, Hines, Ishee, Jennings, Lane, Markham, Martinson, Masterson, Morris, Peranich, Smith (27th), Stevens, Thomas, Upshaw, Whittington, Gregory
AN ACT TO REQUIRE THE STATE BOARD OF HEALTH TO PROMULGATE RULES FOR CHILD CARE FACILITIES TO PROMOTE BREAST-FEEDING BY THE MOTHERS OF THE CHILDREN BEING CARED FOR; TO PROHIBIT DISCRIMINATION AGAINST A BREAST-FEEDING MOTHER WHO USES HER LAWFUL BREAK TIME TO EXPRESS MILK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Department of Health shall promulgate regulations to ensure that licensed child care facilities shall be required to comply with the following:
(a) Breast-feeding mothers, including employees, shall be provided a private and sanitary place that is not a toilet stall to breast-feed their children or express milk. This area provides an electrical outlet, comfortable chair, and nearby access to running water.
(b) A refrigerator will be made available for storage of expressed breast milkfollowing guidelines from the American Academy of Pediatrics and Centers for Disease Control in ensuring that breast milk is properly treated to avoid waste. Universal precautions are not required in handling human milk.
(c) Staff shall be trained in the safe and proper storage and handling of human milk.
(d) Breast-feeding promotion information will be displayed in order to positively promote breast-feeding to the clients of the facility.
(e) Such other requirements as the Board of Health finds desirable or necessary to promote and protect breast-feeding.
SECTION 2. (1) No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer.
(2) It shall be an unlawful discriminatory practice for any employer to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because the employee breast-feeds or expresses milk at the workplace if the breast-feeding or expression does not interfere with the operation of the business or performance of the employee's job.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.