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Breastfeeding Moms and the Law

What Are the Laws Regarding Breastfeeding?

By Virginia Gilbert

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The Safe and Effective Breast Pumps Act (H.R. 3372) -- Requires the FDA to develop minimum quality standards for breast pumps.

According to Maloney's press secretary, Nicole Harburger, the congresswoman is "especially optimistic" about the Pregnancy Discrimination Act Amendment, which has "good bipartisan support." All three bills are parked in various Senate committees.

Breastfeeding Moms and the Law-

States Say
The federal government isn't the only place where breastfeeding moms can turn for legal protection. Individual states have enacted legislation that will preserve a woman's right to breastfeed. To find out what the laws are in your state, visit La Leche League's summary of breastfeeding legislation.

In California, Oregon, Iowa and Idaho it's actually legal for nursing mothers to claim automatic exemption from jury duty. When Angela Ponzini of Menlo Park, Calif., was unable to get out of jury service for nursing her child, she wrote a flurry of letters to lawmakers protesting the decision. Inspired by Ponzini's determination, Assemblyman Ted Lempert (D-San Carlos) subsequently sponsored a bill that allows a breastfeeding woman to postpone jury duty until her infant is no longer nursing without having to gain permission from a judge.

If you don't live in one of the automatic exemption states and you wish to be exempted from jury duty, you should follow the counsel of the late Elizabeth Baldwin, former Florida attorney and leading expert on breastfeeding and the law:


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