Alabama bill would extend legal protections for nursing mothers at work

A state representative has introduced a bill that would require employers in Alabama to better accommodate employees who are nursing mothers.

Rep. Juandalynn Givan, D-Birmingham, said she is sponsoring HB 21, also known as The Nursing Mother’s Act, so that no woman is penalized for having to pump breast milk.

“We are dealing with human anatomy now,” Givan said. “We are certainly in the year of the woman, especially now dealing with so many issues with reproductive rights, maternal health issues, and things of that nature. We want to make sure we have a safeguard in place.”

If passed, the bill would go into effect on October 1, 2025.

The bill will require employers to provide their employees who are nursing mothers with designated break times, along with providing a private location for women to express breast milk when needed. Employers would also not be allowed to discriminate against women who choose to pump breast milk in the workplace.

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In December 2022, Joe Biden signed the Providing Urgent Maternal Protections Act, also known as the PUMP Act. Like HB 21, this federal law also requires reasonable break time and a private location for women to nurse besides a bathroom.

All employers under the Fair Labor Standards Act (FLSA) must comply with the PUMP Act. Additionally, if women are not receiving the proper accommodations from their workplace, they “may be entitled to remedies that are available under the FLSA.”

Organizations such as the United States Breastfeeding Committee work to protect mothers who breastfeed by mobilizing legislation and by educating women on different federal resources available to them.

“Policies and legislation that provide the right to workplace lactation accommodations are so critical for families and for public health,” said Cheryl Lebedevitch, USBC National Policy Director.

Despite there already being some federal protections for nursing mothers, Givan said a state law would give Alabama women an extra layer of protection.

“We know all things settled do not always trickle down to the state,” Givan said. “We have seen many women scrutinized over the years, some actresses, some celebrity types and just the everyday, ordinary mother because they may have nursed in public, or somewhere in the workplace where it was frowned upon.”

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During the 2024 legislative session, Givan sponsored HB 6, a nearly identical bill to HB 21.  The Business Council of Alabama opposed this bill. BCA Communications Director, Katelyn Bussey said that the “BCA is against any government mandates on businesses.”

Givan said some employers believe women are “goofing off” instead of pumping when requesting breaks, and  hopes the bill will dismantle that idea.

“I have always been a proponent of good maternal health and have increased knowledge in that particular field,” Givan said. “For years, I have been engaged on what is going on with women around the country. As a woman, I was thankful when the act passed on a national level and I thought ‘Hey, we just need to make sure we have something in place in Alabama.'"

Alabama Reflector is part of States Newsroom, an independent nonprofit website covering politics and policy in state capitals around the nation. 

This article originally appeared on Montgomery Advertiser: Alabama bill would extend protections to nursing mothers at work