BREASTFEEDING JUSTICE

CONTENT

Advocacy

SCBC is the leader for the organization of breastfeeding advocacy efforts in SC. At the National Level, the United States Breastfeeding Committee leads in keeping breastfeeding on the agenda.

Past actions to help breastfeeding/pumping mothers

in 2005 ad 2006 SCBC lobbied to protect a family’s right to breastfeed in public
recipient and executor of grant to help hospitals in SC become Baby-Friendly

On-going actions

send 2 members to United States Breastfeeding Committee Meetings each year to understand and participate in the National Agenda

Pending legislation

Future Focus Areas

Incarceration: There are no protections for lactating individuals under Federal or South Carolina Law.
Custody: In South Carolina, custody law does not consider whether or not an infant or child is breastfeeding specifically although , conceivably, it could be considered by an individual judge when considering physical and mental health. https://www.scstatehouse.gov/code/t63c015.php. However, as Michigan Breastfeeding Network recommends “Child custody rulings should comply with best practices that follow the World Health Organization (WHO) guidelines, recommending breastfeeding until at least two years of age with continuation of breastfeeding as long as mutually desired by mother and child”.https://www.mibreastfeeding.org/child-custody/
Jury Duty: In South Carolina, lactating individuals may be able to plead exemption d/t caring for a young child, although not lactating specifically, depending on to which court they have been called to serve (see below). However, as the Michigan Breastfeeding Network points out “lactating individuals have the option under law to claim exemption from jury service due to breastfeeding. However, this excludes valuable members of society from performing their civic duty and does not create fair representation within the jury box. Courthouse accommodations are clearly lacking. Currently, it is unfeasible for a lactating individual to serve on a jury due to lack of time, space, and accommodations for breastfeeding and/or expressing milk. Courts need to be more accessible for breastfeeding individuals and provide accommodations for those who seek to fulfill their civic duty through the juror process”. https://www.mibreastfeeding.org/jury-duty-2/

Contact our Advocacy Committee Chair at advocacychairscbc@gmail.com, or follow us on Twitter, Facebook, and Instagram to get involved in advocating for breastfeeding families.

RIGHTS

The National Conference of State Legislatures is useful resource to find out about breastfeeding protections under State Law and Federal Law. The United States Breastfeeding Committee also has information on breastfeeding laws and policy

Public Breastfeeding

South Carolina Law (S.C. Code Ann. § 63-5-40) states that women can breastfeed anywhere that they are authorized to be and that breastfeeding is not considered public indecency.
All large and medium size airports are required to provide a lactation room that is not a bathroom: http://www.usbreastfeeding.org/fam-act

Health Coverage

The Affordable Care Act (ACA) requires “new private health insurance plans, including those available in the new health insurance marketplaces, to provide coverage for specified women’s preventive health services with no cost sharing (e.g., copayment, coinsurance, or deductible). Breastfeeding support, supplies and lactation counseling are one of these specified preventive services.” http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx
For more information, refer to the Health Resources & Services Administration Web Site

Employee breastfeeding rights

Watch a video here: The PUMP for Nursing Mothers Act What Advocates and Employers Need to Know (youtube.com)
Section 4207 of the Affordable Care Act “amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express milk. The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express breast milk. The federal requirements shall not preempt a state law that provides greater protections to employees” http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx.
The Federal Pump Act was passed and signed into law in 2022 and took effect on April 28th, 2023 to further amend the Fair Labor Standards Act. It protects extends the right to pump at work to salaried workers who were not previously covered. It also has a compliance mechanism to compensate those denied their rights by employers. For more information see:
The South Carolina Lactation Support Act, S.C. Code Ann. § 41-1-130, went into effect on June 25th, 2020. The law requires SC employers to provide reasonable unpaid break time and space to express their milk. See and download a handout in English and Spanish. Complaints can be filed at South Carolina Human Affairs Commission. The direct link to their complaints form is here.
S.C. Code Ann. § 1-13-80 (2018) enacts the Pregnancy Accommodations Act, relates to definitions under the human affairs laws, revises the terms because of sex or on the basis of sex used in the context of equal treatment for women affected by pregnancy, childbirth or related medical conditions, relates to unlawful employment practices of an employer and lactation, provides for certain other unlawful employment practices in regard to failure to provide reasonable accommodations for an applicant for employment or employee.

Jury Duty

Federal Court:
- “Each of the 94 federal district courts maintains its own jury procedures and policies regarding excuses from jury service. Many courts offer excuses from service, on individual request, to designated groups of persons or occupational classes. Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew. The Jury Act also allows courts to excuse a juror from service at the time he or she is summoned on the grounds of "undue hardship or extreme inconvenience." The juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship. Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity.”
SC Federal District Court:
- “Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; or a person who is essential to the care of aged or infirm persons”
Contact your County/City Magistrate to ask about accepted excuses

Custody

In South Carolina, there are no provisions in the custody law that specifically consider whether or not the infant or child is breastfeeding, although courts may consider factors contributing to physical or mental health. There is also is no preference for putting children “of tender years” in the custody of their mother (SECTION 63-15-10). https://www.scstatehouse.gov/code/t63c015.php

Incarcerated Lactating Individuals

No protections exist under Federal or South Carolina law

Equity

Adequate support for breastfeeding is not evenly distributed throughout the population, and breastfeeding success for those with less support is much harder to attain. The following are good resources to help of support all of our breastfeeding families.

Contact our Equity Committee Chair at equity@scbreastfeeds.org for more information and to join the conversation

Report Discrimination

South Carolina Breastfeeding Coalition wants to hear and help you with your story. Please contact our Advocacy Committee Chair at advocacy@scbreastfeeds.org with details and we will do our best to get you the help you need.

Join

Volunteer

Donate