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Thu, 04/24/2008 - 2:03pm
By Ursula Furi-Perry, Esq.
This session, the Massachusetts Legislature is considering several bills that would affect families and parents in the state. Here is an overview of some of the more prominent pieces of legislation:
Breastfeeding in Public
Nursing mom? Soon, you might just find it easier to breastfeed in public. Senate bill No. 2704, which has already passed in the Senate, aims to make it legal for women to breastfeed anywhere without facing possible criminal repercussions, as well as make it unlawful for anyone to intentionally interfere with a mother breastfeeding her child.
Massachusetts is one of only three states in the country that has nothing on the books to protect breastfeeding moms from being charged with lewd and lascivious behavior, explains Susan Fargo, the Senator who introduced the bill. Fargo also points out that Massachusetts has one of the highest health care costs in the country-a statistic that she says can be curbed by accommodating nursing mothers. "It's a public health issue, really," Fargo says. She cites studies that claim breastfeeding can help prevent heart disease, obesity and diabetes when it comes to the child, as well as prevent certain types of reproductive cancer in the mother.
Marsha Walker, RN, IBCLC, who serves on the board of directors of the Massachusetts Breastfeeding Coalition, agrees. "It's a public health issue and I think that's what's important for people to understand," Walker says. She says breastfeeding often gets introduced as a "lifestyle choice," a "Pepsi v. Coke" issue that pins formula feeding against nursing even though the health benefits of nursing suggest otherwise.
In fact, similar bills have failed to pass in the Massachusetts Legislature in past years, Walker notes. She says this year might just be different: Walker says breastfeeding in public has received more attention recently, and many more states have passed similar legislation. The Coalition's website also points out that this is the farthest a piece of breastfeeding regulation has ever made it in Massachusetts. The bill is currently in the House Ways and Means Committee, waiting to be brought up for open debate and a vote.
One continuing obstacle is that breastfeeding is often regarded as an uncomfortable issue, one that conjures up thoughts about sexuality, Fargo and Walker both say. "We can't have mothers hiding at home or choosing not to breastfeed because it's embarrassing," Walker says.
But for the most part, feedback from parents has been positive and supportive. "You should be able to feed your child when you want to," says Lisa Mosquera, an Arlington mom of one daughter. "It's a necessity for the child; why take that away," agrees Grace Maggio-Clarke, a Lowell mother of two tween girls.
Fargo intends to introduce a companion bill in the coming months, an education piece that will provide incentives to companies that will allow nursing moms to breastfeed at work-such as by providing a refrigerator and a private place other than a bathroom.
"I hope [nursing moms] will have the opportunity to breastfeed when they want to," says Fargo. For parents - whether nursing or not - who wish to support the bill, Walker recommends contacting the House Ways and Means Committee and requesting that it move the bill to the floor as soon as possible.
Smoking in Cars
If you smoke, beware: should Massachusetts House Bill pass, you will no longer be able to smoke in the car while children are present. The proposed legislation would fine adults for smoking in a car in which a child is present. The fines: $25 for the first offense and $100 for subsequent offenses.
The bill was introduced by Representative Michael Costello, whose office didn't call back for comment. The bill is aimed to protect children required to use a child passenger restraint, meaning those under age five or 40 pounds.
Many parents support the bill. "I smoke, [but] I don't smoke with my kids in the car," says Maggio-Clarke. "You are so confined in the car and you really should not subject your children to that."
Adam Phipps, father of boy-girl twins in Melrose and also a registered nurse, would take the bill even further-he suggests prohibiting all smoking around kids, such as within a certain distance of children. "I think it sends a mixed message," he says. "I agree with the fundamental point behind it, but it should not be limited to the car."
Anti-Spanking Update
A 2007 House measure to outlaw all forms of spanking has died. The bill had sought to prohibit all forms of corporal punishment by parents and treat every form of spanking as presumptive child abuse.
Lead in Toys
The Massachusetts Legislature created a commission to study banning the use of lead in children's toys and jewelry in the state. The commission will be entrusted to study the effect of lead poisoning attributed to toys and draft new legislation and regulations, including penalties for the sale of toys with lead paint.
Maternity Leave Refresher
Though there currently isn't any legislation being considered to change parental leave policies in Massachusetts, we're including a brief recap of parental leave laws in honor of Mother's Day.
If your employer has between six and 49 employees, you may take eight weeks of maternity leave upon having a baby, adopting a child under 18, or adopting a mentally or physically disabled person under 23. Only women who have worked for their employers for three consecutive months are afforded this right, and employees must give two weeks' notice regarding the expected dates of departure and return.
If your employer has more than 50 employees, it is also subject to the federal Family and Medical Leave Act. Under this act, employees may take 12 weeks of unpaid leave upon having a baby, adopting a child, or having to care for a child with a serious health condition. Employees are eligible if they've worked for their employers for at least 12 months and at least 1250 hours in the last 12 months, and they must give 30 days' notice to their employers. Under the FMLA, employees are entitled to return to their original positions.
Questions or concerns?
If you have questions about your legal rights regarding a parenting or family law issue, visit the Massachusetts Bar Association's Legal Information website at http://www.masslawhelp.com/lawhelp/legal_info/index.php?sw=3124&full_id=203
For more information about proposed legislation or to contact your state Representative or Senator about a proposed bill, visit the Massachusetts Legislature's website at http://www.mass.gov/legis/
Ursula Furi-Perry, Esq. is an attorney, adjunct professor, and nationally published writer from Haverhill. She is the author of 50 Legal Careers for Non-Lawyers (ABA Publishing, 2008) and the mom of three boys. She can be reached at www.furiperry.com.
Legislative Primer for Parents in the Know
By Ursula Furi-Perry, Esq.
This session, the Massachusetts Legislature is considering several bills that would affect families and parents in the state. Here is an overview of some of the more prominent pieces of legislation:
Breastfeeding in Public
Nursing mom? Soon, you might just find it easier to breastfeed in public. Senate bill No. 2704, which has already passed in the Senate, aims to make it legal for women to breastfeed anywhere without facing possible criminal repercussions, as well as make it unlawful for anyone to intentionally interfere with a mother breastfeeding her child.Massachusetts is one of only three states in the country that has nothing on the books to protect breastfeeding moms from being charged with lewd and lascivious behavior, explains Susan Fargo, the Senator who introduced the bill. Fargo also points out that Massachusetts has one of the highest health care costs in the country-a statistic that she says can be curbed by accommodating nursing mothers. "It's a public health issue, really," Fargo says. She cites studies that claim breastfeeding can help prevent heart disease, obesity and diabetes when it comes to the child, as well as prevent certain types of reproductive cancer in the mother.
Marsha Walker, RN, IBCLC, who serves on the board of directors of the Massachusetts Breastfeeding Coalition, agrees. "It's a public health issue and I think that's what's important for people to understand," Walker says. She says breastfeeding often gets introduced as a "lifestyle choice," a "Pepsi v. Coke" issue that pins formula feeding against nursing even though the health benefits of nursing suggest otherwise.
In fact, similar bills have failed to pass in the Massachusetts Legislature in past years, Walker notes. She says this year might just be different: Walker says breastfeeding in public has received more attention recently, and many more states have passed similar legislation. The Coalition's website also points out that this is the farthest a piece of breastfeeding regulation has ever made it in Massachusetts. The bill is currently in the House Ways and Means Committee, waiting to be brought up for open debate and a vote.
One continuing obstacle is that breastfeeding is often regarded as an uncomfortable issue, one that conjures up thoughts about sexuality, Fargo and Walker both say. "We can't have mothers hiding at home or choosing not to breastfeed because it's embarrassing," Walker says.
But for the most part, feedback from parents has been positive and supportive. "You should be able to feed your child when you want to," says Lisa Mosquera, an Arlington mom of one daughter. "It's a necessity for the child; why take that away," agrees Grace Maggio-Clarke, a Lowell mother of two tween girls.
Fargo intends to introduce a companion bill in the coming months, an education piece that will provide incentives to companies that will allow nursing moms to breastfeed at work-such as by providing a refrigerator and a private place other than a bathroom.
"I hope [nursing moms] will have the opportunity to breastfeed when they want to," says Fargo. For parents - whether nursing or not - who wish to support the bill, Walker recommends contacting the House Ways and Means Committee and requesting that it move the bill to the floor as soon as possible.
Smoking in Cars
If you smoke, beware: should Massachusetts House Bill pass, you will no longer be able to smoke in the car while children are present. The proposed legislation would fine adults for smoking in a car in which a child is present. The fines: $25 for the first offense and $100 for subsequent offenses.
The bill was introduced by Representative Michael Costello, whose office didn't call back for comment. The bill is aimed to protect children required to use a child passenger restraint, meaning those under age five or 40 pounds.
Many parents support the bill. "I smoke, [but] I don't smoke with my kids in the car," says Maggio-Clarke. "You are so confined in the car and you really should not subject your children to that."
Adam Phipps, father of boy-girl twins in Melrose and also a registered nurse, would take the bill even further-he suggests prohibiting all smoking around kids, such as within a certain distance of children. "I think it sends a mixed message," he says. "I agree with the fundamental point behind it, but it should not be limited to the car."
Anti-Spanking Update
A 2007 House measure to outlaw all forms of spanking has died. The bill had sought to prohibit all forms of corporal punishment by parents and treat every form of spanking as presumptive child abuse.
Lead in Toys
The Massachusetts Legislature created a commission to study banning the use of lead in children's toys and jewelry in the state. The commission will be entrusted to study the effect of lead poisoning attributed to toys and draft new legislation and regulations, including penalties for the sale of toys with lead paint.
Maternity Leave Refresher
Though there currently isn't any legislation being considered to change parental leave policies in Massachusetts, we're including a brief recap of parental leave laws in honor of Mother's Day.
If your employer has between six and 49 employees, you may take eight weeks of maternity leave upon having a baby, adopting a child under 18, or adopting a mentally or physically disabled person under 23. Only women who have worked for their employers for three consecutive months are afforded this right, and employees must give two weeks' notice regarding the expected dates of departure and return.
If your employer has more than 50 employees, it is also subject to the federal Family and Medical Leave Act. Under this act, employees may take 12 weeks of unpaid leave upon having a baby, adopting a child, or having to care for a child with a serious health condition. Employees are eligible if they've worked for their employers for at least 12 months and at least 1250 hours in the last 12 months, and they must give 30 days' notice to their employers. Under the FMLA, employees are entitled to return to their original positions.
Questions or concerns?
If you have questions about your legal rights regarding a parenting or family law issue, visit the Massachusetts Bar Association's Legal Information website at http://www.masslawhelp.com/lawhelp/legal_info/index.php?sw=3124&full_id=203
For more information about proposed legislation or to contact your state Representative or Senator about a proposed bill, visit the Massachusetts Legislature's website at http://www.mass.gov/legis/
Ursula Furi-Perry, Esq. is an attorney, adjunct professor, and nationally published writer from Haverhill. She is the author of 50 Legal Careers for Non-Lawyers (ABA Publishing, 2008) and the mom of three boys. She can be reached at www.furiperry.com.
