Legislation
- Nursing Mothers Bill of Rights – Contains WV and Federal protections for pregnant and breastfeeding mothers
- FLSA – Breast Pump and Lactation Benefits
- Pregnant Workers Fairness Act
- PUMP Act
West Virginia Breastfeeding Laws
West Virginia supports breastfeeding in any public or private place, but there are no state-level workplace lactation accommodation laws.
The WV Child’s Right to Nurse Law was enacted in 2014 (WV State Code §16-1-19): Child’s right to nurse; location where permitted; right protected.
Meaning: In West Virginia, mothers have the right to breastfeed in any public location, as long as they are legally allowed to be there.
Breast Pump and Lactation Services Workgroup
Recognizing the health benefits of breastfeeding, the Patient Protection and Affordable Care Act of 2010 (ACA) provides two major provisions to encourage mothers to achieve their breastfeeding goals: (1) reasonable break time to express milk and (2) health insurance benefits to defray the costs associated with providing breast milk to infants, including coverage of breastfeeding education and supplies in non-grandfathered health insurance plans
Findings from a recent survey by Aeroflow Breastpumps suggest that broadened access to lactation services through insurance coverage or employer benefits would enable moms across the country to more easily meet or exceed their breastfeeding goals.
The WVBI is continuing the work of the WV Perinatal Partnership to improve insurance and Medicaid benefits for WV mothers by convening a workgroup made up of representatives from the state’s managed care organizations, WIC and private lactation consultants. The goal of the workgroup is to reduce barriers to breastfeeding by increasing access to critical breastfeeding resources that will help moms reach their breastfeeding goals and allow both mom and baby to reap the health benefits of breastfeeding.
Infant and Young Child Feeding in Emergencies
The WVBf believes that infant and young child feeding during emergencies is a critical public health issue. Breastfeeding is a life-saving intervention in a crisis, as it provides a safe, readily available source of nutrition that does not require clean water or electricity, which may be scarce. We strongly advocate for the use of breastfeeding as the safest and most reliable feeding method during emergencies and provide essential resources for families and professionals to ensure infants and young children receive the best possible care.