Mothers' rights

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Mother's rights are the legal obligations for expecting mothers, existing mothers, and adoptive mothers in the United States. Issues that involve mothers' rights include labor rights, breast feeding, and family rights.

Contents

Labor rights

Labor rights for mothers in the United States consist of maternal leave during the various stages of pregnancy as well as when the baby is born and afterwards. They also include work procedures for new mothers returning to their workplace after giving birth. The time women are allowed to take off for childbirth is referred to as maternity leave. Each state and company has its own laws regarding the allotted time allowed off for family leave, as well as any other support given to new mothers. The Family and Medical Leave Act of 1993 (FMLA) has set laws for companies across the board setting the minimum requirements for maternity leave. The regulations set by FMLA apply to mothers, fathers, and adoptive parents. The act requires most companies to allow up to 12 weeks of non-paid family leave. [1] Furthermore, US Law protects workers against harassment of and employers that discriminate against a worker based on being pregnant, if they were pregnant, or intend to become pregnant under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Pregnant workers may also be able to request adjustments in their workdays to accommodate their health such as breaks to the bathroom. [2]

Breast feeding

Breast feeding is the act of supplying nutrients to an infant with human breast milk by means of breast or bottle. [3] There are specific laws in place in each state regarding breast feeding as well as federal laws. Every state except for Idaho has a law that allows women to breast-feed in any public or private location. Although the majority of states allow breast feeding anywhere, only 29 states exempt breast feeding from public indecency laws, meaning the exposure of nudity in public. [4] The federal laws concerning breast feeding mothers relate to working mothers. Once mothers return to work there are also laws set in place for nursing mothers while they are at work. Employers are required to allow these mothers reasonable break time when they express the need to discard their milk supply for up to a year after they have given birth. They are also required to provide a private and secluded place, other than a restroom, for these mothers to discard their milk supply. These laws can be found in The Patient Protection and Affordable Care Act of 2010. [5]

Family rights for mothers

Mother's have many rights that relate to family law including making decisions on behalf of their children including medical decisions as well as who is around their child. Mother's also have the legal right to pursue their child's father for child support.

Parental Rights

Each state has their own specific laws regarding a mother's legal rights and responsibility to her child. All legal statutes declare that the mother or parents are allowed to make the decisions regarding a child's education, religion, medical care, and deciding where the child will live. A biological mother, fathers married to the mother before or after the child's birth, and as of 2003, fathers on their child's birth certificate are automatically given this legal right for their child. [6]

Child Custody and Support

Although a mother has certain custody rights when there is a battle for custody it is still the court's responsibility to choose the best circumstance for the child.

Related Research Articles

<span class="mw-page-title-main">Parental leave</span> Time taken off to care for a new child

Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for small children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law.

<span class="mw-page-title-main">Family and Medical Leave Act of 1993</span> US labor law

The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill Clinton's first-term domestic agenda, and he signed it into law on February 5, 1993. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor.

A boycott was launched in the United States on July 4, 1977, against the Swiss-based multinational food and drink processing corporation Nestlé. The boycott expanded into Europe in the early 1980s and was prompted by concerns about Nestlé's "aggressive marketing" of infant formulas, particularly in underdeveloped countries. The boycott has been cancelled and renewed because of the business practices of Nestlé and other substitute manufacturers monitored by the International Baby Food Action Network (IBFAN). Organizers of the boycott as well as public health researchers and experts consider breast milk to be the best nutrition source for infants. The World Health Organization (WHO) recommends infants to be exclusively breastfed for the first six months of their lives, nevertheless, sometimes nutritional gaps need to be filled if breastfeeding is unsuitable, not possible, or inadequate.

Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.

California's Paid Family Leave (PFL) insurance program, which is also known as the Family Temporary Disability Insurance (FTDI) program, is a law enacted in 2002 that extends unemployment disability compensation to cover individuals who take time off work to care for a seriously ill family member or bond with a new minor child. If eligible, you can receive benefit payments for up to eight weeks. Payments are about 60 to 70 percent of your weekly wages earned 5 to 18 months before your claim start date. You will receive payments by debit card or check. Benefits equal approximately 70% of earnings and have a maximum per week, for a total of up to six weeks.

<span class="mw-page-title-main">Erotic lactation</span> Sexual activity involving the stimulation of womans breast

Erotic lactation is sexual arousal by breastfeeding on a woman's breast. Depending on the context, the practice can also be referred to as adult suckling, adult nursing, and adult breastfeeding. Practitioners sometimes refer to themselves as being in an adult nursing relationship (ANR). Two persons in an exclusive relationship can be called a nursing couple.

<span class="mw-page-title-main">History and culture of breastfeeding</span>

The history and culture of breastfeeding traces changing social, medical and legal attitudes to breastfeeding, the act of feeding a child breast milk directly from breast to mouth. Breastfeeding may be performed by the infant's mother or by a surrogate, typically called a wet nurse.

<span class="mw-page-title-main">Lactation room</span> Private space where a nursing mother can use a breast pump

A lactation room is a private space where a nursing mother can use a breast pump. The development is mostly confined to the United States, which is unique among developed countries in providing minimal maternity leave. Historian Jill Lepore argues that the "non-bathroom lactation room" and breast pumps generally are driven by corporate need for workers rather than mothers' wishes or babies' needs.

Pregnant patients' rights regarding medical care during the pregnancy and childbirth are specifically a patient's rights within a medical setting and should not be confused with pregnancy discrimination. A great deal of discussion regarding pregnant patients' rights has taken place in the United States.

Pregnant patients rights refers to the choices and legal rights available to a woman experiencing pregnancy or childbirth. Specifically those under medical care within a medical establishment or those under the care of a medical professional regardless of location.

<span class="mw-page-title-main">Breastfeeding</span> Feeding of babies or young children with milk from a womans breast

Breastfeeding, or nursing, is the process by which human breast milk is fed to a child. Breast milk may be from the breast, or may be expressed by hand or pumped and fed to the infant. The World Health Organization (WHO) recommends that breastfeeding begin within the first hour of a baby's life and continue as often and as much as the baby wants. Health organizations, including the WHO, recommend breastfeeding exclusively for six months. This means that no other foods or drinks, other than vitamin D, are typically given. WHO recommends exclusive breastfeeding for the first 6 months of life, followed by continued breastfeeding with appropriate complementary foods for up to 2 years and beyond. Of the 135 million babies born every year, only 42% are breastfed within the first hour of life, only 38% of mothers practice exclusive breastfeeding during the first six months, and 58% of mothers continue breastfeeding up to the age of two years and beyond.

<span class="mw-page-title-main">Breastfeeding in public</span> Attitudes to and legal status of breastfeeding in public

The social attitudes toward and legal status of breastfeeding in public vary widely in cultures around the world. In many countries, both in the Global South and in a number of Western countries, breastfeeding babies in open view of the general public is common and generally not regarded as an issue. In many parts of the world including Australia, some parts of the United States and Europe, along with some countries in Asia, women have an explicit legal right to nurse in public and in the workplace.

<span class="mw-page-title-main">Lactation</span> Release of milk from the mammary glands

Lactation describes the secretion of milk from the mammary glands and the period of time that a mother lactates to feed her young. The process naturally occurs with all sexually mature female mammals, although it may predate mammals. The process of feeding milk in all female creatures is called nursing, and in humans it is also called breastfeeding. Newborn infants often produce some milk from their own breast tissue, known colloquially as witch's milk.

<span class="mw-page-title-main">Breastfeeding promotion</span> Activities and policies to promote health through breastfeeding

Breastfeeding promotion refers to coordinated activities and policies to promote health among women, newborns and infants through breastfeeding.

Work–life balance in the United States is having enough time for work and enough time to have a personal life in the United States. Related, though broader, terms include lifestyle balance and life balance.

Shared earning/shared parenting marriage, also known as peer marriage, is a type of marriage where partners at the outset agree to adhere to a model of shared responsibility for earning money, meeting the needs of children, doing household chores, and taking recreation time in near equal fashion across these four domains. It refers to an intact family formed in the relatively equal earning and parenting style from its initiation. Peer marriage is distinct from shared parenting, as well as the type of equal or co-parenting that father's rights activists in the United States, the United Kingdom and elsewhere seek after a divorce in the case of marriages, or unmarried pregnancies/childbirths, not set up in this fashion at the outset of the relationship or pregnancy.

<span class="mw-page-title-main">Pradhan Mantri Matri Vandana Yojana</span>

Pradhan Mantri Matru Vandana Yojana (PMMVY), previously known as the Indira Gandhi Matritva Sahyog Yojana, is a maternity benefit program run by the government of India. It was originally launched in 2010 and renamed in 2017. The scheme is implemented by the Ministry of Women and Child Development. It is a conditional cash transfer scheme for pregnant and lactating women of 19 years of age or above for the first live birth. It provides a partial wage compensation to women for wage-loss during childbirth and childcare and to provide conditions for safe delivery and good nutrition and feeding practices. In 2013, the scheme was brought under the National Food Security Act, 2013 to implement the provision of cash maternity benefit of 6,000 (US$75) stated in the Act. Presently, the scheme is implemented on a pilot basis in 53 selected districts and proposals are under consideration to scale it up to 200 additional 'high burden districts' in 2015–16. The eligible beneficiaries would receive the incentive given under the Janani Suraksha Yojana (JSY) for Institutional delivery and the incentive received under JSY would be accounted towards maternity benefits so that on an average a woman gets 6,000 (US$75)

Parental leave in the United States is regulated by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for mothers of newborn or newly adopted children if they work for a company with 50 or more employees. As of October 1, 2020, the same policy has been extended to caregivers of sick family members, or a partner in direct relation to the birth of the child therefore responsible for the care of the mother. Although 12 weeks are allowed to them, on average American fathers only take 10 days off, due to financial need. Taking paternity leave is not the norm, due to lack of paternity leave allotted to fellow employees previously in the same situation since the policy change is relatively new. Beginning in 2020, California, New Jersey, and Rhode Island required paid parental leave to employees, including those a part of 50 or less employees. For the majority of US workers at companies with fewer than 50 employees, there is no legal requirement for paid or unpaid leave to care for a new child or recover from childbirth but some US states do require this.

Childbirth in Haiti follows a system of behavior determined by local beliefs, traditions and attitudes, and is also affected by economic conditions and limitations of available health care facilities.

The maternal mortality rate is 224 deaths per 100,000 births, which is the 23rd highest in the world. The mean age of mothers at birth is 19.3 years old, and the fertility rate is 5.72 children born per woman, which is the 7th highest in the world. The contraceptive rate is only 40.8%, and the birth rate is the 4th highest in the world at 42.13 births/1,000 population. Infectious disease is a key contributor to the poor health of the nation, and the risk is very high for diseases such as protozoal and bacterial diarrhea, hepatitis A, typhoid fever, malaria, dengue fever, schistosomiasis, and rabies. The adult prevalence rate of HIV/AIDS is 12.37%, which is the 7th highest in the world.

References

  1. "Maternity Leave". American Pregnancy Association Promoting Pregnancy Wellness. American Pregnancy Association. 2012-04-26.
  2. {{cite web|title=Legal Rights of Pregnant Workers under Federal Law|url=https://www.eeoc.gov/laws/guidance/legal-rights-pregnant-workers-under-federal-law%7Cwebsite=US Equal Employment Opportunity Commission
  3. "Breastfeeding and Breast Milk: Condition Information". www.nichd.nih.gov.
  4. National Conference of State Legislatures. "BREASTFEEDING STATE LAWS". NCSL.
  5. US Department of Labor. "Break Time for Nursing Mothers". Wage and Hour Division.
  6. "Parental Responsibility". Rights of Women Helping Women Through the Law.