Lactating employees protected from discrimination, guaranteed break time by new SC law
Employers will have to provide breastfeeding workers with break time and private space each day to express their milk, under a bill passed by the South Carolina legislature last week that takes effect July 25.
The bill bans discrimination against employees who choose to expel breast milk at work but directs employees to make reasonable efforts to minimize disruption to employer operations.
Rep. Rosalyn Henderson-Myers (D-Spartanburg) introduced the bill, which passed unanimously in both the House and the Senate June 24. The governor signed it the next day.
Henderson-Myers said she was inspired to sponsor the bill after seeing how other parts of the country were supporting mothers who needed to breastfeed while at work.
“I found out ... all the health benefits to the baby, to the mother, the bonding, and how it helps the family not just as a unit, but it also helps the employer in that the employer does not have to look for a new hire,” Henderson-Myers said. “I wanted to make it a win-win for everyone.”
The Columbia-based advocacy group Women’s Rights and Empowerment Network celebrated the bill’s passage, writing that it had been one of the group’s priorities for the 2019-2020 legislative session.
“People from across South Carolina shared their experience with expressing breastmilk at work and emphasized to legislators that a supportive workplace is key to continuing breastfeeding,” the network’s website reads. “Those stories moved legislators to act.”
Sen. Tom Davis (R-Beaufort) said he learned a lot about the benefits of breastfeeding for mothers and infants from the process.
“The scientific evidence is persuasive that breastfeeding will reduce postpartum depression, maybe even ovarian and breast cancer,” Davis said in an interview. “I was happy to support the bill.”
Although the bill refers to Section 1-13-90 of the S.C. Code of Laws for procedures for those seeking redress for violations, it clarifies that the employer should be held harmless if it makes reasonable efforts to comply with the rules.
Employers have 30 days from when the S.C. Human Affairs Commission posts information about the law on its website to comply with the act.
