Programs for new parents

New Child Series (6 of 7): Health Insurance & Rights to Nurse in Public

Legal IQ Tips: Consumer Protection, Contracts & Estate Planning

Some more on my series dedicated to my new and soon to be parents out there. This one focuses on the last two 'legal things' you need to be aware of once your baby arrives.

HEALTH INSURANCE

Now that your little one has arrived, you want to be sure your health insurance is updated to the family plan. This "life event" will allow you to change your plan. As noted in my "planning post" (https://www.facebook.com/dcravenlaw/posts/747689372054329:0) you may want to take a good hard look at your actual plan to see if you want to adjust coverage and plans now that your family has grown.

Beyond plan change, you need to make sure your new boy or girl is added to your plan. It's imperative you get this information over ASAP as you'll want to be sure your new child is covered. Each insurance company and plan is different and it’s best you contact them directly to see how to send in the information.

RIGHTS TO NURSE IN PUBLIC

For all my moms out there, this topic is so important for you to be informed about. The US is actually pretty progressive with their rights, as compared to some countries where women still struggle for equal rights and protections under the law. When your traveling, be sure you know the laws of the country your headed to.

Just like with all laws, there are federal and state statutes which dictate the laws around nursing. While there isn’t anything on the books federally for public nursing, federal laws do cover standards in the work place (my next post). Breastfeeding in public is covered by state specific laws.

The law explicitly protects moms, who are breastfeeding, in public, in almost ALL of the 50 states.

Forty-nine states (Idaho is the only State that doesn’t have a law protecting mothers) as well as the District of Columbia and the Virgin Islands have laws that specifically allow women to breastfeed in ANY public or private location. What this means is that a woman breastfeeding in public; cannot be asked to “cover-up”, be discriminated against in any way, or charged with indecent exposure.

In RI the law states that a woman is allowed to feed her child, by bottle or breast, in any place open to the public. RI goes one step further and allows a mother to sue if this right is denied. RI is one of the few states where a mother can actually sue if they are discriminated against for breastfeeding in public.

Twenty-nine states as well as the District of Columbia and the Virgin Islands exempt breastfeeding from public indecency laws. This means that moms who nurse in public cannot be criminally charged with indecent exposure. In the other states, there isn’t anything specifically on the books stating that mothers cannot be charged with indecent exposure, but, a mother has never been prosecuted on that matter.

Seventeen states and Puerto Rico exempt breastfeeding mothers from jury duty or allow jury service to be postponed.

Six states and Puerto Rico have implemented or encouraged the development of a breastfeeding awareness education campaign.

As always, if you have questions, feel free to contact me.
Last post in this series will focus on back to work- nursing rights and discrimination.

New Child Series (3 of 7): Legal Concerns- Parental Leave & Government Programs

My first few posts are going to be focused on some legal tips for the “planning” phase. That is the pre-baby to-do-list.

Parental Leave & Government Programs

As you prepare for your new one, make sure you understand the parental leave programs at your job, your states law, as well as what the government requires, and any governmental programs.

Below I’m going to highlight a few important notes for you, but to be sure you look at the sites I have linked to get more information.

All states have to AT LEAST meet the requirements of the Family and Medical Leave Act, (commonly known as FMLA) and some states provide even more rights. Some state laws require employers to give time for adoptive parents as well as biological parents. Check out your state’s government website to learn more.

Good resource for all State laws for parents who are planning to take parental leave: http://www.nationalpartnership.org/…/w…/expecting-better.pdf

FMLA government page: https://www.dol.gov/general/topic/benefits-leave/fmla

Three states in the USA (RI being one of them) provide paid leave for parental leave. RI allows you to go on Temporary Disability Insurance (TDI) for up to 30 weeks. Each situation is different and your specifics will determine how much you get and how long you can stay on TDI.

Here is the RI link to apply: http://www.dlt.ri.gov/tdi/TDIfile.htm

Your company may also have additional options for you.

Some companies provide options for employees for extended leave, through programs like AFLAC. It’s important that you know that if your company is larger than 50 employees (and a few other specific requirements), they MUST provide you up to twelve (12) weeks of unpaid leave, per year, for prenatal and pregnancy pursuant to the Family and Medical Leave Act (most commonly known as FMLA)
It’s also important that you know that there are federal and state laws that prohibit pregnancy discrimination. Your company MUST treat you just like any other employee who is unable to work because of accident or sickness

Also, sex discrimination laws prohibit employers from applying different policies to men and women. For example, if a company’s policy says they offer “maternity” leave strictly for parenting, they must give male employees the same time off as female employees.

If you feel as though you have been discriminated against, in any way, it’s best to contact a lawyer.

Next up-Wills, Powers of Attorney & Parental Guardianship