Legislation/Policy

Supporting breastfeeding through public policy. View and download the pdf here.

SB 1396 (Alvarado-Gil): This bill extends program eligibility to families with children up to 36 months (from 24 months) and allows participants to continue even if they no longer meet income requirements, for up to an additional 12 months. This ensures families can access necessary services longer, supporting health and development. The change is expected to have moderate costs, but aims to help more low income families with extended resources and support.

Status: Introduced by Senator Alvarado-Gil 2/16/2024.

AB 2740 (Waldron): This bill would require, within 7 days of arriving at a prison, each incarcerated pregnant person to be referred to a social worker to discuss options for parenting classes and other classes relevant to caring for newborns and options for placement and visiting the newborn. The bill would require a prenatal plan of care to include additional meals and beverages. The bill would also require that the incarcerated mother and newborn child remain at a medical facility after delivery for recovery, postpartum medical care, and bonding time for no fewer than 3 days before the child is removed. The bill would require that the incarcerated mother be permitted to breastfeed the newborn and pump breast milk to be stored and taken with the child upon removal from the medical facility.

Status: Introduced by Assembly Member Waldron 2/14/2024.

AB 2499 (Shiavo): This bill addresses unlawful employment practices related to discrimination for taking time off. It expands existing protections for employees who are victims of crime or abuse, removing the employee threshold requirement and applying provisions to all employers, regardless of size. The bill broadens the definition of “victim” and prohibits discrimination against employees taking time off for various reasons related to acts of violence. It also extends reasonable accommodations to victims and their family members. The bill requires employers to inform employees of their rights, provide them annually, and upon request or when becoming aware of an employee’s victim status. Additionally, it mandates the development of a form for compliance by the Department of Fair Employment and Housing.

Status: Passed out of Appropriations and is headed to the floor! 8/15/24.

AB 2901 (Aguiar-Curry): This bill focuses on providing paid disability and parental leave for school and community college employees. It removes existing provisions allowing governing boards to adopt rules regarding leaves of absence and instead mandates public school employers and community college districts to provide up to 14 weeks of fully paid leave for employees who are absent due to pregnancy, childbirth, miscarriage, termination of pregnancy, or related conditions. The bill allows the paid leave to begin before and extend after childbirth if the employee is disabled by pregnancy or related conditions. It also ensures that this leave cannot be deducted from other types of leave.

Status: Passed out of Appropriations and is headed to the floor! 8/15/24.

S.1722 (Jeff Merkley): This bill will extend the protections of the PUMP Act to flight crews, ensuring they have the right to pump breast milk during work. This bill requires airlines to provide break times and private, non-bathroom spaces for pumping, with considerations for aviation safety. It addresses a critical gap in existing legislation, as flight crews were excluded from the PUMP Act, making it challenging for airlines to retain employees who are new parents.

Status: Ordered inactive at request of Senator Durazo.

AB 3059 (Weber): This bill would amend sections 3408.4, 3408.5 and 6404.5 of the Health and Safety Codes, It requires that these women get quick access to social workers for parenting advice, better meals during pregnancy, and the chance to stay with their newborn for three days after giving birth for bonding. It also allows them to breastfeed and store breast milk. The bill makes it easier for these mothers to have visitors after giving birth, especially if they haven’t committed certain types of crimes. This helps maintain their connection with their newborn, supporting both emotional and physical well-being.

Status: Signed by Governor Newsom on 09/27/2024

AB 3059 (Weber): This bill would amend Sections 1367.005 and 1635.1 of the Health and Safety Code, and amend Section 10112.27 of the Insurance Code, relating to human milk. It clarifies that general acute care hospitals do not need a license to store or distribute pasteurized human milk obtained from a mothers’ milk bank. Additionally, the bill specifies that health care service plans and health insurance policies must cover human milk as essential health benefits. Violations of these provisions by health care service plans would be considered a crime, imposing a state-mandated local program. The bill does not require reimbursement to local agencies and school districts, as specified.

Status: Signed by Governor Newsom on 09/29/2024

AB 2123 (Papan): This bill aims to amend existing law regarding the paid family leave program (PFL). Currently, employers have the authority to require employees to use up to 2 weeks of earned but unused vacation time before accessing these benefits. This bill removes this authorization and associated provisions to allow workers to access PFL without having to first use vacation time.

Status: Signed by Governor Newsom on 9/29/2024.

SB 1434 (Durazo): This bill proposes significant changes to the Unemployment Insurance Code. It adjusts the amount of money excluded as “wages” for unemployment insurance purposes, with scheduled increases for annual cost-of-living adjustments. It also simplifies how unemployment benefits are calculated and sets a higher maximum amount someone can get each week. Additionally, the bill imposes additional requirements on loans made from the Unemployment Compensation Disability Fund and creates the Excluded Workers Fund, funded by employer contributions, to provide income assistance to workers who don’t qualify for regular unemployment benefits. This bill requires a 2/3 majority vote for passage due to its impact on taxes.

Status: Signed by Governor Newsom on 9/28/2024.

AB 518 (Wicks): This bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill individual related by blood or whose association with the employee is the equivalent of a family relationship. This bill would redefine family member to include chosen family.

Status: Ordered inactive at request of Senator Durazo.

Representatives Lauren Underwood & Alma Adams and Senator Cory Booker: would invest in all drivers of maternal mortality, morbidity, and disparities in the U.S. It includes 12 individual bills. Some of its actions include: extend WIC eligibility, grow and diversify the perinatal workforce, and it would support moms with maternal mental health among many other things.

The FAMILY Act would create a strong, inclusive national paid family and medical leave insurance program and set a nationwide paid leave baseline. Workers would earn partial pay, for a limited period of time (up to 60 workdays, or 12 workweeks in a year) to address their own serious health issue, including pregnancy or childbirth; to deal with the serious health issue of a family member, including chosen family; to care for a new child; to address the effects of domestic violence, sexual assault or stalking; and for certain military caregiving and leave purposes. The lowest-paid workers would earn up to 85 percent of their normal wages, with the typical full-time worker earning around two-thirds of their wages. Workers who have been at their job for more than 90 days will have the right to be reinstated following their leave, and all workers will be protected from retaliation. Employees, employers, and self-employed workers would fund both the benefits and the administrative costs of the program by contributing a small amount in each pay period to a self-sustaining fund, administered through a new Office of Paid Family and Medical Leave. Eligibility rules would allow younger, part-time, low-wage and contingent workers to contribute and benefit, regardless of their employer’s size or their length of time on the job. States with existing paid leave programs would be empowered to continue running them.

S.2819/H.R. 5486: would help increase life-saving access to donor milk for more families by allowing agencies to use Special Supplemental Nutrition Program for Women, Infants and Children (WIC) funding to promote the need for and benefits of donor milk and allowing WIC funds to support donor milk activities in states, tribes, and territories; Providing emergency capacity-building funding ($3 million) for milk banks in the event that there is a rapid increase in demand for donor milk, as occurred during the 2022 formula shortage; Creating a donor milk awareness program at the Department of Health and Human Services ($1 million) to educate the public on donor milk, nonprofit milk banks, and to publicize the need for donor milk; and Requiring that the Secretary of Health and Human Services draft guidance that addresses appropriate standards for collection, processing, handling, transfer, and storage of donor milk and requiring the Secretary to convene a public meeting to inform this guidance.

AB 1203 (Bains): would remove a barrier to breast/chestfeeding by removing sales tax from breast pumps and supplies.

Status: Signed by Governor Newsom on 10/13/23.

SB 521 (Smallwood-Cuevas): would add “denial for reasonable accommodations for pregnant or parenting students” to list of reasons that can excuse from participation in Welfare-to-Work activities. Welfare-to-Work activities are required to be eligible for CalWorks aid.

Status: Signed by Governor Newsom on 10/8/23

SB 616 (Gonzalez): would increase the amount paid sick leave days an employer is required to provide an employee from three to seven. This bill would prevent lower wage earners from having to make a choice between recovering from illness or risk losing their jobs.

Status: Signed by Governor Newsom on 10/4/23.

AB 524 (Wicks): This bill would prohibit employment discrimination on account of family caregiver status, as defined, and would recognize the opportunity to seek, obtain, and hold employment without discrimination because of family caregiver status as a civil right, as specified.

Status: Vetoed by Governor Newsom on 10/8/23.

AB 575 (Papan): would make improvements in three areas of Paid Family Leave: more than 1 person would be able to care for a seriously ill loved one, people that act as parents to a minor child would be eligible for bonding time, and employers would not be able to force employees to take vacation time before using paid leave time.

Status: Vetoed by Governor Newsom on 10/8/23. 

AB 608 (Schiavo): would extend the Comprehensive Perinatal Services Program(CPSP) to 1 year instead of the original 60- day period. It would also reimburse Comprehensive Perinatal Workers (CPHW’s) when they provide services in the community and not just in a medical facility. 

Status: Vetoed by Governor Newsom on 10/7/23.

SB 951 (Durazo): would ensure that Californians earning low wages receive 90% of their income from Paid Family Leave + State Disability Insurance. Authored by Senator Maria Elena Durazo, this bill proposes to phase in increased wage replacement rates for low-wage workers so that by January 1, 2025, low wage workers would receive 90% or their regular wages for the first 16 weeks of SDI and all 8 weeks of PFL. All other workers would receive 70% of their regular wages up to a maximum weekly benefit amount. Status: Approved by Governor  September 30, 2022. Filed with Secretary of State  September 30, 2022.

SB 1058 (Durazo) would require the EDD to collect  race and ethnicity data for PFL + SDI applicants to inform ongoing efforts toward inclusive laws. SB 1058 would require the Employment Development Department to collect race and ethnicity data from State Disability Insurance (SDI) and Paid Family Leave (PFL) claimants. This is important because we believe disparities exist in accessing these benefits but without official data from the EDD, we lack key insights and official, measurable data on these known disparities. This means no agency or organization can truly quantify, assess and address racial disparities in PFL and SDI access. Status: SB 1058 Passed! Approved by Governor  September 13, 2022. Filed with Secretary of State  September 13, 2022.

Pregnant Workers Fairness Act (H.R. 1065) (Rep. Nadler). This law prohibits employment practices that discriminate or retaliate against pregnant and postpartum workers that ask for reasonable accommodations to be able to keep their jobs. Workers will now have a right to reasonable accommodation for pregnancy, childbirth, and related medical conditions, unless the accommodation would be really difficult or expensive for the employer to provide. Status: PWFA goes into effect June 27, 2023.

H.R. 3110- PUMP for Nursing Mothers Act This law makes changes to the Break Time for Nursing Mothers Law, which excluded 1 in 4 women including nurses, teachers, and farm workers of childbearing age from protection under federal law to their right to a break time and space to pump during their work day. Under the Break Time for Nursing Mothers law, as updated by the PUMP Act, employers of ALL sizes are required to provide a reasonable amount of break time and a clean, private space for lactating workers to express milk for up to one year following the birth of the employee’s child. Employers can now be held accountable. Status: President Biden signed into law on December 29, 2022.

SB 1083 (Skinner) continues part of the work of SB 65 by making reforms to the CalWORKS homelessness programs. This bill seeks to ensure that pregnant people and families who are currently on CalWORKS have housing support. This bill will do this by: 

• Expanding temporary housing benefits to low-income pregnant people and families with children
• Expedite access to temporary housing assistance for pregnant people and their families by granting homeless assistance upon submission of their application
• Increase the amount of time that families can receive temporary shelter assistance from 16 consecutive days to 40 and if a pregnant person or family would lose access to shelter if assistance ended, the human services agency is authorized to provide temporary shelter assistance for an indeterminate period.  Status: Set for hearing April 5, 2022.

AB 1041 (Wicks): would ensure that Californians can use their caregiving leave to care for members of their chosen and extended family. This bill adds a “designated person” to the list of individuals for whom an employee may take leave to care for under the California Family Rights Act (CFRA) and the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Days). This bill (1) defines “designated person” as a person identified by the employee at the time of the request, and (2) allows employers to limit the employee to one designated person per 12-month period. Status: 9/9/21 Ordered to inactive file at the request of Senator Wiener.

AB 1949 (Low) would ensure that California workers can take bereavement leave when a loved one passes away. Existing law provides various forms of protected leave for employees in California, including parental and sick leave. However, despite expanding other forms of leave, there is no protected leave for nearly all employees to mourn family members. Instead, most employees’ access to job protected bereavement leave is largely dependent on their employer. This bill would address this gap in employee leave policies by providing a minimum of five unpaid days off of work for specified employees who suffer the death of a loved one. Under the bill, private employers with five or more employees and public employers, other than those exempted by other provisions of existing law, would be required to provide bereavement leave to employees who have been employed for at least 30 days prior to taking the leave. Employees would be eligible to take bereavement leave upon the passing of certain specified family members, including a spouse or child, as well as a parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Status: AB1949 made it out of Senate Appropriations and is headed to the Senate Floor (08/11/2022)

AB 2182 (Wicks) would ensure that California workers are protected from discrimination based on family responsibilities and can receive reasonable accommodations if their family members’ school or care facilities is closed. This bill would prohibit employment discrimination on account of family responsibilities, as defined, and would recognize the opportunity to seek, obtain, and hold employment without discrimination because of family responsibilities as a civil right, as specified. The bill would also make it unlawful for an employer or other entity covered by the act to fail to make reasonable accommodation for the known family responsibilities of an applicant or employee related to specified obligations, or to retaliate or otherwise discriminate against a person for requesting an accommodation, as specified. Status: Unfortunately this bill was held in Appropriations Committee.

AB 2199 (Wicks) will establish the Birthing Justice for California Families Pilot Project, a grant pilot that seeks to advance birth equity by expanding access to full-spectrum doula care to include: 1.) women and birthing people whose communities suffer from disproportionately high rates of negative birth outcomes, but who are not eligible for Medi-cal coverage; and 2.) incarcerated women and birthing people. This bill recognizes that all birthing people are deserving of dignity in birthing and seeks to address the persistent negative maternal and infant health outcomes in our state, by expanding access to full spectrum doula care to a broader group of birthing people, capturing birthing people in the gaps. Status: Re-referred to the Committee on Health 3/21/22.

Access to Donor Milk Act (H.R. 9196) (Rep. Houlahan). This bill will create the necessary infrastructure to increase access to donor milk when families need it. Donor milk refers to human milk that has been donated to a milk bank for parents to use to feed their babies when they may not have their own milk available, may not have enough milk or when it is medically necessary. The bill will create infrastructure by increasing public knowledge and awareness of the need and benefits of donor milk, through policy that allows state agencies to use WIC funding to promote and support donor milk activities, and by emergency planning for when there is an increase in demand for donor milk. Status: House- 10/18/2022 Referred to the Committee on Energy and Commerce.

The Black Maternal Health Momnibus Act H.R. 959 (Rep. Underwood) (Rep. Adams) (Sen. Booker) is composed of twelve bills – the nine from last year plus three new titles – that are led by different members of the Black Maternal Health Caucus. The Momnibus builds on existing maternal health legislation with 12 bills to comprehensively address the drivers of the maternal health crisis. The Momnibus makes critical investments in addressing social determinants of health, funding community-based organizations, growing and diversifying the perinatal workforce, and improving in data collection processes. The Momnibus also includes new legislation to address the impacts of COVID-19 and climate change on maternal and infant health. Full Summary available HERE. Status: House – 04/23/2021 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.  

Momnibus legislation: Each of the twelve titles of the Momnibus was introduced as a standalone bill by a Member of the Black Maternal Health Caucus. A summary of each of those bills can be found HERE.

H.R 909- Moms Matter Act  (Rep. Blunt Rochester, Lisa) This bill establishes two grant programs to address maternal mental health conditions and substance use disorders, with a focus on racial and ethnic minority groups.First, the Substance Abuse and Mental Health Services Administration must award grants for maternal behavioral health services.

Eligible grantees include: state, tribal, and local governments; health care providers; and organizations that serve pregnant and postpartum individuals. Second, the Department of Health and Human Services may award grants to grow and diversify the maternal mental and behavioral health workforce by establishing or expanding schools and training programs. Status: 2/8/21 Introduced to house. 

Employment: COVID-19: supplemental paid sick leave SB-95 (Skinner) / AB-84 (Ting) This bill would provide for COVID-19 supplemental paid sick leave for covered employees, as defined, who are unable to work or telework due to certain reasons related to COVID-19, including that the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. The bill would entitle a covered employee to 80 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours, as specified. The bill would provide that the total number of hours of COVID-19 supplemental paid sick leave to which a covered employee is entitled to under these provisions is in addition to any paid sick leave available under the act, as specified. Status: 3/19/21- Signed into law.

Employment: health care benefits, unemployment insurance, policies and practices. AB-138 This bill would repeal those PEMHCA provisions and reenact revised provisions in existing law relating to general powers and responsibilities of the department. The bill would revise the specified verification schedule to require the employing office to obtain verifying documentation to substantiate continued eligibility at least once within a 3-year period from the initial enrollment for children and adopted children, and at least once every 3 years for stepchildren and domestic partner children. The bill would additionally require that the department consult with, but not be required to obtain the approval of, the Public Employees’ Retirement System prior to adopting related regulations. The bill would require these provisions to be interpreted in accordance with definitions in PEMHCA. Status: Approved by Governor July 16, 2021. Filed with Secretary of State July 16, 2021

Maternal Care and Services (SB 65) (Skinner)  California Momnibus (SB 65) addresses Maternal health by:  Codifying and expanding the powers and protections for California’s Pregnancy-Associated Mortality Review Committee; Requiring Medi-Cal to provide full-spectrum doula care to all pregnant and postpartum people on Medi-Cal who would like one; Providing a monthly stipend to low-income pregnant and postpartum people starting at 6 months of pregnancy and continuing through the postpartum period, lasting until the child is two years old; Expanding Medi-Cal postpartum coverage from 60 days to one year; Providing further support for pregnant individuals who are very low-income with additional CalWORKS program support, as well as removing some of the punitive rules that currently limit program participation; Building the midwifery workforce by providing funding to primary care medical residency and other training programs that prioritize admitting underrepresented groups and those from underserved communities; and Updating data collection and protocols for counties participating in the Fetal and Infant Mortality Review Process. Status: Approved by Governor October 4, 2021. 

Telehealth: Mental Health (AB 935) (Maienschein). AB 935, the Mothers and Children Mental Health Support Act of 2021: Telehealth: Mental Health was reintroduced in the California legislature. This bill creates an infrastructure for virtual PCP (pediatrician, obstetrician, and family practice) mental health triage and psychiatry consultation.  The program provides the consultation service through private insurers and Medicaid Managed Care Organizations/the state’s Medicaid program called Medi-Cal. The bill leans on insurers using the state’s insurance laws calling for provider network adequacy and/or novel solutions like telehealth to close gaps when provider shortages are at play.  The health care service plan/insurer will be required to communicate the availability of the telepsychiatry program to its contracting primary care providers, including obstetricians, at least twice a year, monitor utilization data, and implement improvements to the program when necessary. Status: Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/22.

Employment/Caregiver Discrimination AB 1119 (Wicks) expands reasonable accommodation protections.This bill would prohibit discrimination against employees based on their family responsibilities and would provide workers with reasonable accommodations for obligations arising from needing to care for a minor child or care recipient whose school or place of care is closed or otherwise unavailable. Status: Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/22.

Wage Replacement AB 123 (Gonzalez) would ensure paid family leave is a benefit that all workers can enjoy by guaranteeing 90 percent wage replacement, up to the weekly benefit amount established by the Department of Industrial Relations. This critical policy empowers workers to meet their health and family needs without sacrificing their economic security. Status: 2/3/22 Consideration of Governor’s veto stricken from file.

Employees: Bereavement Leave (AB95) Existing law provides employees with the right to take time off work without discharge or discrimination for a variety of reasons, including taking time off to appear in school on behalf of a child or to assist a family member who is the victim of a violent or serious felony. This bill would enact the Bereavement Leave Act of 2021. Status: Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/22.

American Rescue Plan Act of 2021 (H.R. 1319) This bill provides additional relief to address the continued impact of COVID-19 (i.e., coronavirus disease 2019) on the economy, public health, state and local governments, individuals, and businesses. It gives States a new option to cover women in pregnancy-related Medicaid and CHIP coverage for one year after the end of pregnancy, extending their coverage well beyond the current cutoff of 60 days. Also, States that opt to extend postpartum coverage must do so for both Medicaid and CHIP (if they cover pregnant women through CHIP). The option will be available to states for seven years. Status: 3/11/2021 – Signed into law by President Biden.

Friendly Airports for Mothers Improvement Act (S. 2638)/Small Airport Mothers’ Rooms Act of 2019 (H.R. 3362) would require small hub airports to maintain a lactation area for nursing travelers and a baby changing table in at least one men’s and one women’s restroom in each passenger terminal building of the airport. This bill expands the requirements of the Friendly Airports for Mothers (FAM) Act to include small-hub airports in addition to medium and large. Status: 10/30/2020 – Signed into law by the President.

SB 1383 as amended Unlawful employment practice: family leave (Jackson)— 1) Expands job protection under the CA Family Rights Act (CFRA) to apply to all employers so that workers who are paying into the Paid Family Leave program are able to take leave and access those benefits without risking their jobs; 2) CFRA requires certain employers to provide eligible employees with unpaid, job protected leave to care for a close family member with a serious illness, or their own serious health condition (caregiving leave), or to bond with a new child (parental leave); 3) This bill will apply CFRA to all employers (with 1 or more employees); 4) Align the definition of “family member” under CFRA so that it is the same as the definition that applies to the Paid Family Leave Program; and 5) Expand applicability of the Pregnancy Disability Leave law (PDL) to all employers. PDL provides up to 4 months of unpaid, job protected leave for pregnant workers who are disabled by pregnancy or childbirth. It currently only applies to employers with 5+ employees. This bill will apply PDL to all employers (with 1 or more employees).  Status 9/17/20: Signed into law by Governor Newsom. 

Small employer family leave mediation: handwashing: supplemental paid sick leave (AB 1867): The Executive Order N-51-20 provides supplemental paid sick leave for California workers at companies with 500 or more employees nationwide and for health care providers and first responders excluded from the federal COVID-19 related paid sick leave. FAQs Status 9/9/2020. Signed into law by Governor Newsom. Chaptered by Secretary of State – Chapter 45, Statutes of 2020.

County jails: prisons: incarcerated pregnant persons (AB 732): AB 732 guarantees basic reproductive healthcare and justice including banning shackling, tasering, and pepper spraying of pregnant people; allowing a support person in the delivery room when giving birth; providing prenatal care and prenatal vitamins to pregnant people; requiring lower bunk assignments for pregnant people; and providing free pads and tampons to menstruating people. Status 9/30/20. Signed into law by Governor Newsom. Chaptered by Secretary of State – Chapter 321, Statutes of 2020.

Nurse practitioners AB 890 (Wood D) – This bill would allow a nurse practitioner meeting specific requirements to, among other duties, certify a State Disability Insurance claim without physician or surgeon supervision or collaboration. Status 9/29/2020: Approved by Governor. Chaptered by Secretary of State – Chapter 265, Statutes of 2020.

Black Maternal Health Momnibus of 2020 The package will be composed of nine new bills introduced by different BMHC members, each addressing unique dimensions of the Black maternal health crisis in the United States. The new legislation included in the Black Maternal Health Momnibus is intended to be additive to develop bills that address gaps in existing legislation, from investing in community-based organizations to supporting specific populations facing unique risks in childbirth. Status: Stalled.

• Black Maternal Health Momnibus: H.R. 6142 (S. 3424) Status: House – 7/13/2020  – Referred to the Subcommittee on Health
  • Summary
• Social Determinants for Moms: H.R. 6132 Status: House – 03/10/2020 Referred to the Subcommittee on Water Resources and Environment
  • Summary
• Kira Johnson Act: H.R. 6144 Status: House – 03/09/2020 Referred to the House Committee on Energy and Commerce
  • Summary
• Protecting Moms Who Served Act: H.R. 6141 Status: House – 07/23/2020 Committee Hearings Held
  • Summary This is part of the Black Maternal Health Momnibus of 2020. Introduced by Rep. Underwood. The goal of HR 6141 is to improve maternity care coordination provided by the Department of Veterans Affairs, and for other purposes.
• Perinatal Workforce Act: H.R. 6164 Status: House – 03/10/2020 Referred to the House Committee on Energy and Commerce
  • Summary
• Data to Save Moms Act: H.R. 6165 Status: House – 03/23/2020 Referred to the Subcommittee for Indigenous Peoples of the United States
  • Summary
• Moms MATTER Act: H.R. 6143 Status: House – 03/09/2020 Referred to the House Committee on Energy and Commerce
  • Summary
• Justice for Incarcerated Moms Act: H.R. 6129 Status: House – 03/09/2020 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
  • Summary
• Tech to Save Moms Act: H.R. 6138 Status: House – 03/09/2020 Referred to the House Committee on Energy and Commerce
  • Summary
• IMPACT to Save Moms Act: H.R. 6137 Status:House – 03/09/2020 Referred to the House Committee on Energy and Commerce
  • Summary

Read full the legislation here.  (Introduced 2/28/2020. Stalled.)

No Surprise Bills for New Moms Act Katie Porter (HR8330) ) This bipartisan legislation would help to protect new parents from surprise medical bills and would simplify the process for enrolling newborns in health coverage. No Surprise Bills for New Moms Act would automatically cover newborns for the first 30 days and create a standard for enrollment after that period. It eliminates confusion for new parents by establishing a uniform 60-day enrollment period after that first month. The bill would also require that all health plans and insurers notify parents if they receive a bill for an uncovered newborn. Status 9/21/2020 Died in previous version of Congress. 

Support Working Families Act Katie Porter (CA-45)  This legislation would strengthen a program to help working families during the coronavirus pandemic. The Support Working Families Act makes it easier for Americans serving as caregivers to get relief if their children or other dependents are unable to go to school or a childcare facility due to COVID-19. Status 7/29/2020: Introduced. Died in a previous Congress.

Health Equity and Accountability Act of 2020 (HEAA) Congressional Tri-Caucus Introduces Bill to Tackle Racial Inequities in Health Care. The Congressional Tri-Caucus, led by Congressman Jesús “Chuy” García, have reintroduced the Health Equity and Accountability Act of 2020 (HEAA) to address and eliminate health care disparities experienced by communities of color across the nation. HEAA establishes a series of programs and requirements primarily focusing on the health of communities of color but also addressing the needs of people with disabilities, LGBTQ individuals, and other underserved communities. Status 7/29/2020: House, Referred to the Subcommittee on Water, Oceans, and Wildlife. Died in previous version of Congress.

Traveling Parents Screening Consistency Act of 2019 (S. 2381/H.R. 3246) would direct the Government Accountability Office to review implementation of requirements regarding screening by the Transportation Security Administration (TSA) of baby formula, breast milk, purified deionized water for infants, and juice on airlines. This bill builds on the momentum of the Bottles and Breastfeeding Screening Equipment (BABES) Act, ensuring compliance with TSA procedures. Status: 7/29/2020 – Passed the Senate. Did not pass the House.

Employee Leave: Authorization AB 3216 (Kalra)— Addresses the urgent need to enable California to recover from COVID-19, prevent recurring outbreaks, and move toward economic recovery. Provides 10 days/80 hours of supplemental paid sick days to all California workers during public emergencies; expands job-protected family and pregnancy leave to all workers, and makes Paid Family Leave easier to access during an emergency; and provides a right of recall and retention for workers who have been laid off in the heavily COVID-impacted industries of hotels, airport hospitality, event centers and building services. FACT SHEET Status 10/1/2020: VETOED. See Governor’s message here 

Paid Family Leave AB 196 (Gonzalez D) – This bill would expand the PFL program in order to provide a 100 percent wage replacement benefit for workers, up to the maximum benefit amount. Status 9/1/2020: Ordered to inactive file by unanimous consent.

 California Doula Medi-Cal bill  AB-2258   This bill would require the department to establish a full-spectrum doula care pilot program to operate for 3 years for pregnant and postpartum Medi-Cal beneficiaries residing in 14 counties that experience the highest burden of birth disparities in the state, and would provide that any pregnant Medi-Cal beneficiary  and residing in a pilot program county, is entitled to doula care. The bill would require the department to develop multiple payment and billing options for doula care. The bill would require the department to establish a centralized registry listing any doula who is available to take on new clients in each county participating in the pilot program, and would provide several requirements for the registry, such as the information on the registry being accessible by various means, including the internet website. The bill would require each Medi-Cal managed care health plan in any county participating in the pilot program to provide information in its materials, and specified notices, on identified topics related to doula care, including reproductive and sexual health, and to inform pregnant and postpartum enrollees at prenatal and postpartum appointments about doula care, such as the availability of doula care and how to obtain a doula.

The bill would require the department to convene a doula advisory board. The bill would require a doula to provide documentation that they have met the core competencies specified by the board as a prerequisite to be reimbursed under the Medi-Cal program. The bill would require the department to work with outside entities, such as foundations, to make trainings available at no cost that meet the core competencies to people who are from communities experiencing the highest burden of birth disparities in the state.

The bill would require the department to allocate funding and resources for data collection, reporting, and analysis for purposes of conducting an evaluation of the pilot program, to ensure that an evaluation of the pilot program. The bill would authorize the department to consider the feasibility of a statewide doula benefit for Medi-Cal beneficiaries during the perinatal period if  the pilot program is achieving improved birth outcomes for people using doulas and their babies, and to terminate the pilot program if the pilot program is not achieving those outcomes during that period. Status 4/30/2020: Held. Not moving forward this year. Read press release here.

SB 142 – Employees: Lactation Accommodation  (Wiener) and (Gonzalez): SB 142  ensures working mothers have access to lactation facilities in the workplace, and help create more family friendly work environments. Senator Scott Wiener (D-San Francisco) and Assemblywoman Lorena Gonzalez (D-San Diego) re-introduced a bill to support women in the workplace by requiring lactation facilities and resources be provided to employees in California (Senate Bill 142 is modeled off of Senator Wiener’s SB 937 from 2018, which passed the Legislature, but was vetoed by Governor Brown) SB 142 requires businesses to provide safe and clean lactation facilities for their workers that meet minimum requirements, requires that lactation facilities be built in new construction, and ensures employees receive written information about their rights to a safe and comfortable lactation space at work. Status: 9/4/19 – Signed into law by Governor Newsom October 10, 2019. 

AB 752 – Public Transit: Transit Center Lactation Rooms (Gabriel): This bill would require a multimodal transit station that has a public restroom and that commences operations or a renovation on or after January 1, 2021, to include a lactation room. To the extent the bill imposes additional duties on a local agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Status: 10/8/19  Approved by Governor. Chaptered by Secretary of State – Chapter 616, Statutes of 2019.

AB 5 – Worker Status: Independent Contractors (Gonzalez):

Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the “ABC” test, to establish that a worker is an independent contractor for those purposes.

This bill would state the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. The bill would provide that the factors of the “ABC” test be applied in order to determine the status of a worker as an employee or independent contractor for all provisions of the Labor Code, unless another definition or specification of “employee” is provided. The bill would codify existing exemptions for specified professions that are not subject to wage orders of the Industrial Welfare Commission or the ruling in the Dynamex case. The bill would state that its provisions do not constitute a change in, but are declaratory of, existing law. The Labor Code makes it a crime for an employer to violate specified provisions of law with regard to an employee. By expanding the definition of an employee for purposes of these provisions, the bill would expand the definition of a crime.

Contract workers don’t have rights to Lactation accommodations but, if they are classified incorrectly and should be employees, then they have rights to accommodations and this bill would resolve this issue. Status: 9/18/19. Approved by Governor. Chaptered by Secretary of State – Chapter 296, Statutes of 2019.

AB 45 – Inmates: Medical Care Fees (Stone) & (Jones-Sawyer) with Coauthors (Chiu), (Kalra) & (Wiener): Existing law authorizes the Director of Corrections to charge a $5 fee for each inmate-initiated medical visit of an inmate confined in the state prison, except under specified circumstances, and requires that the moneys received be expended to reimburse the department for direct provision of inmate health care services. Existing law also authorizes a sheriff, chief or director of corrections, or chief of police to charge a $3 fee for each inmate-initiated medical visit of an inmate confined in a county or city jail, except as specified, and requires that the moneys received be transferred to the county or city general fund. Existing law also authorizes a county or city to recover from an inmate or a person legally responsible for the inmate’s care the costs of necessary medical care rendered to the inmate, under certain conditions.

This bill would instead prohibit the director or a sheriff, chief or director of corrections, or chief of police from charging a fee for an inmate-initiated medical visit of an inmate of the state prison or a county or city jail, and would make a conforming change. The bill would also prohibit those officials from charging an inmate of the state prison or a city or county jail a fee for durable medical equipment or medical supplies, as defined. Status: 10/8/19.  Approved by Governor. Chaptered by Secretary of State – Chapter 570, Statutes of 2019.

SB 464 – California Dignity in Pregnancy and Childbirth Act  This bill would make legislative findings relating to implicit bias and racial disparities in maternal mortality rates. The bill would require a hospital that provides perinatal care, and an alternative birth center or a primary clinic that provides services as an alternative birth center, to implement an evidence-based implicit bias program, as specified, for all health care providers involved in perinatal care of patients within those facilities. The bill would require the health care provider to complete initial basic training through the program and a refresher course every 2 years thereafter, or on a more frequent basis if deemed necessary by the facility. The bill would require the facility to provide a certificate of training completion upon request, to accept certificates of completion from other facilities, and to offer training to physicians not directly employed by the facility. Status: 10/7/19. Approved by Governor. Chaptered by Secretary of State. Chapter 533, Statutes of 2019.

Fairness for Breastfeeding Mothers Act (H.R. 866):  (Eleanor Holmes Norton (D-DC). This bill will require that certain public buildings that are open to the public and contain a public restroom provide a lactation room, other than a bathroom, that is hygienic and is available for use by members of the public to express milk. The lactation room must be shielded from public view, be free from intrusion, and contain a chair, a working surface, and (if the building is supplied with electricity) an electrical outlet. Status: 07/25/2019 Signed by President and became Public Law No: 116-30.

AB 1976 – Employer, Lactation Accommodation (Limón): Existing law requires every employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child and requires an employer to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area for the employee to express milk in private. This bill involves language updates and would instead require an employer to make reasonable efforts to provide an employee with use of a room or other location, other than a bathroom, for these purposes. Status: Signed into law September 30, 2018.

AB 2785 – Student Services, Lactation Accommodations (Rubio): An act to add Section 66271.9 to the Education Code, relating to public post secondary education, this bill would require the California Community Colleges and the California State University to provide reasonable accommodations to a lactating student on respective campuses to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breastfeed an infant child, permission to bring onto a school campus any equipment used to express breast milk, and access to a power source for that equipment. Requires that upon the construction of a new campus of the California Community Colleges or the California State University, or the replacement, expansion, or renovation of an existing campus, the respective educational institution to provide a sink, in addition to the accommodations described above, in any room or other location designated to comply with these provisions. Would also require that a lactating student on a college or university campus be given a reasonable amount of time to accommodate the need to express breast milk or breastfeed an infant child, prohibit students from incurring an academic penalty as a result of their use of these reasonable accommodations. Authorizes a complaint of noncompliance with the requirements of the bill to be filed with the Office of the Chancellor of the California Community Colleges and the California State University, as applicable, in accordance with specified procedures, and, if the complaint is found to have merit, would require the respective chancellor to provide a remedy to the affected student. By imposing additional duties on community college districts, this bill would impose a state-mandated local program. Status: Signed into law September 30, 2018.

AB 2507 – Breastfeeding Support in Jails (Jones-Sawyer): Would require each county sheriff to develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail that is based on currently accepted best practices. The bill would require the policy to include provisions for, among other things, procedures for providing medically appropriate support and care related to the cessation of lactation or weaning and for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening. The bill would require the policy to be posted in the jail, as specified, and to be communicated to all staff persons who interact with or oversee pregnant or lactating inmates. Status: Signed into law September 30, 2018.

SB63 (Jackson) New Parent Leave Act Including Employees of Smaller Businesses which employ 20 or more individuals in the eligibility afforded by California’s PFL Program for 12 weeks of job-protected leave after the birth or adoption of a child. This would expand this benefit to a significant number of Californians who were previously ineligible simply because they worked for a small business. These protections help families make the adjustments required to build health and relationships before resuming work outside the home after the birth or adoption of a baby or child. Status: Signed into law October 12, 2017.

BABES Act (Bottles and Breastfeeding Equipment Screening Act) Critical legislation for traveling families has been passed unanimously through both houses of Congress and is on its way to the President to be signed into law!  The bill would require the TSA to provide ongoing training to ensure its officers consistently enforce TSA Special Procedures related to breast milk, formula, and infant feeding equipment across all airport security checkpoints. Status: Signed into law by President Obama, Dec 16, 2016. 

AB 908 (Gomez) Paid Family Leave. Provides greater economic security and equity in California’s Paid Family Leave (PFL) and State Disability Insurance (SDI) programs by raising the current wage replacement rates to 60-70% on a sliding scale for both programs, extending PFL from six to eight weeks, and eliminating the current waiting period when applying for PFL benefits. Status: passed 4/11/16.

AB 302 (Garcia) Pupil Services – lactation accommodations, respects and upholds the rights and educational opportunities of pregnant and parenting pupils, including providing lactation accommodations. Status: approved 10/2015.

AB 1787 – Lactation Accommodations in Airports – This first-in-the nation law mandates appropriate space in airports for women to express breastmilk.

 SB 402 (DeLeon) which requires California hospitals to achieve Baby-Friendly Designation or equivalent by 2025. Press Release

SB 252, which allows CalWORKS participants who voluntarily participate in Maternal Child Home Visitation programs to satisfy their Welfare-to-Work requirements, as well as reinforces a women’s right to breastfeed publically in all County welfare offices.  Press Release

SB 770, which expands PFL covereage to include caring for grandparents, grandchildren, siblings, and parents-in-law. Press Release

AB 2386 has been signed by Gov. Jerry Brown.  Breastfeeding is a Civil Right in California.

SB 502: Hospital Infant Feeding Protection Act – (De León & Pavley) requires all hospitals with perinatal units to have an infant feeding policy that promotes breastfeeding. This policy is to be based on the Baby-Friendly USA policy or the Department of Public Health’s Model Policies. Both policies encourage breastfeeding in hospital settings. The policy must be routinely communicated to staff working on a perinatal unit. Effective January 1, 2014.