Many employees are entitled to lactation breaks under federal and state law. Here’s what you need to know about breastfeeding at work in California.
There are many medical benefits to breastfeeding so when working women choose to breastfeed, they should be accommodated. Under federal law, if an employer is covered by the Fair Labor Standards Act, they must accommodate some women who want to pump breast milk in the workplace.
The Fair Labor Standards Act
Those covered by the Fair Labor Standards Act should expect their employer to provide the following:
- Reasonable break times for employees to express milk that apply up to one year of the child’s life every time they need to express breast milk
- A sanitary place available for free use to express breastmilk other than the bathroom that is protected from the view of other coworkers or the public
If an employer refuses to allow a breastfeeding mother to pump during breaks in a private place, she should consider filing a complaint with the U.S. Department of Labor’s Wage and Hour Division.
The Fair Labor Standards Act provides break time only to hourly, non-exempt employees. While all exempt employees are not necessarily covered under the federal law, they are covered under California’s lactation accommodation law which is broader and protects nursing mothers.
Related to: Break Time for Nursing Mothers Under Federal Law
California Lactation Laws
All employers must provide breaks and other accommodations to employees who are nursing. Unlike other workplace laws, the lactation law specifically reaches every employment domain and does not have exceptions for size. It promises adequate facilities for breastfeeding and specific protections.
Related to: Can Mothers Publicly Breastfeed in California?
There is no limit to the amount of time that a woman may have to breastfeed. Break times for breastfeeding may be as long as the woman takes to express the breast milk. Until the employee finishes nursing, she may take breaks to express the milk. Employers are required to make reasonable efforts to accommodate nursing mothers with a private room, that is not a bathroom and not exposed to public view, in proximity to the employee’s work area.
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