Tuesday, September 15, 2015

17 States allow Breastfeeding moms to postpone jury duty

Did you know that breastfeeding moms can postpone or be exempt from jury duty in seventeen states?  They are: California, Connecticut, Idaho, Illinois, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Oregon, South Dakota, Utah and Virginia.
There are nuances such as in California they ask on their jury summons if you are a breastfeeding mom and allow up to year with the opportunity to further postpone. In Illinois, the mother only need request exemption however in Iowa she also has to attests that she is responsible for the daily care of that infant to the courts satisfaction.  Three states require certification from a physician, midwife, or lactation consultant verifying she is a lactating mom. They are Michigan, Missouri, and Nebraska.

California
Cal. Code of Civil Procedure § 210.5 (2000) requires the Judicial Court to adopt a standardized jury summons for use, which must include a specific reference to the rules for breastfeeding mothers. 2000 Cal. Stats., Chap. 266 (AB 1814) created the law and directs the Judicial Council to adopt a rule of court to allow the mother of a breastfed child to postpone jury duty for a period of up to one year and that after one year, jury duty may be further postponed upon written request by the mother.  See California Rules of Court, Trial Court Rules, Rule 2.1006.

Connecticut
2012 Conn. Acts, P.A. 51 allows a jury administrator to grant a postponement of jury duty for no more than 12 months to any mother who is breastfeeding her child or expressing breast milk for her child. The law requires the judicial branch to maintain information regarding jury services, including information for breastfeeding women about their ability to postpone jury service or request a reasonable accommodation be made, on its website. (SB 194)

Idaho
Idaho Code § 2-212 (2002) provides that a person who is not disqualified for jury service under § 2-209 may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. (2002 HB 497)


Illinois
Ill. Rev. Stat. ch. 705 § 305/10.3 amends the Jury Act; provides that any mother nursing her child shall, upon her request, be excused from jury duty. (Ill. Laws, P.A. 094-0391, 2005 SB 517)
Iowa
Iowa Code § 607A.5 (1994) allows a woman to be excused from jury service if she submits written documentation verifying, to the court's satisfaction, that she is the mother of a breastfed child and is responsible for the daily care of the child.

Kansas
Kan. Stat. Ann. § 43-158 allows a mother breastfeeding her child to be excused from jury service and allows jury service to be postponed until the mother is no longer breastfeeding the child. (2006 HB 2284)

Kentucky
Ky. Rev. Stat. § 29A.100 (2007) directs judges at all levels of the court to excuse women who are breastfeeding or expressing breast milk from jury service until the child is no longer nursing. (SB 111)


Michigan
2012 Mich. Pub. Acts, Act 69 provides an exemption for nursing mothers from jury service for the period during which she is nursing her child. The mother is exempt upon making the request if she provides a letter from a physician, lactation consultant, or a certified nurse midwife verifying that she is a nursing mother. (HB 4691)

Mississippi
Miss. Code Ann. § 13-5-23 (2006) provides that breastfeeding mothers may be excused from serving as jurors. (SB 2419)

Missouri
2014 Mo. House Bill 1320 allows a nursing mother, upon her request, and with a completed written statement from her physician to the court certifying she is a nursing mother, to be excused from service as a petit or grand juror.

Montana
Mont. Code Ann. § 3-15-313 (2009) specifies that the court may excuse a person from jury service upon finding that it would entail undue hardship for the person; an excuse may be granted if the prospective juror is a breastfeeding mother. (2009 Mont. Laws, Chap. 167, HB 372)

Nebraska
Neb. Rev. Stat. §25-1601-4 (2003) states that a nursing mother is excused from jury duty until she is no longer breastfeeding and that the nursing mother must file a qualification form supported by a certificate from her physician requesting exemption. (LB 19)

Oklahoma
Okla. Stat. tit. 38, § 28 (2004) exempts mothers who are breastfeeding a baby from jury duty, upon their request. (2004 HB 2102)

Oregon

Or. Rev. Stat. § 10.050 (1999) excuses a woman from acting as a juror if the woman is breastfeeding a child. A request from the woman must be made in writing. (SB 1304)
 
South Dakota
2012 S.D. Sess. Laws, Chap. 114 provides for an exemption from jury duty for a mother who is breastfeeding a baby younger than one year. A written notice requesting an exemption must be submitted to the clerk of court within ten days of receiving the summons for jury duty. (HB 1177)

Utah   
78B-1-109  provides that a mother who is breastfeeding a child may be excused from jury

Virginia
Va. Code Ann. § 8.01-341.1 (2005) provides that a mother who is breastfeeding a child may be exempted from jury duty upon her request. (2005 Chap. 195, HB 2708)

For more information on this law and other breastfeeding laws check out :http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx

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