California considers breastfeeding a natural human right. Both state and federal employment laws protect lactating mothers. Employment law in California requires employers to make reasonable accommodations to allow a lactating employee the time, space, and privacy necessary to pump and store breast milk. Consistent, frequent pumping not only ensures that an infant has an ample supply of milk for feedings while mom is at work, but it’s also a biological necessity to help the mother’s body continue producing.
Any California employee who is pregnant, plans a pregnancy, or is already a lactating mother should be aware of their legal rights under California’s lactation accommodation law.
California’s Laws Supporting Lactating Mothers In the Workplace
California’s lactation accommodation laws are included in Chapter 3.8 of the state’s Labor Code under §§ 1030-1034. The law requires all California employers to provide a reasonable number of breaks for lactating employees, allowing them to pump breastmilk when they feel the need. The law also states the following:
“The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.”
In other words, lactation breaks that extend beyond the allotted break time are unpaid breaks.
Under the labor code, employers must also provide a clean, private, non-bathroom space for pumping that’s close to where the employee works and safe from intrusion. The space must include a place to sit, a surface to hold pumping equipment, a sink for cleaning pumping equipment, and a refrigerator or cooler for storing pumped milk.
If an employer designates a multipurpose room as a lactation room, its use for pumping must take precedence over other uses.
Finally, the law states that multiple employers working nearby in the same building may share a lactation room.
What If an Employer Fails to Comply With California’s Lactation Accommodation Law?
As described by Providing Urgent Maternal Protections (PUMP) for nursing mothers in California, the state’s lactation accommodation law applies to most employers. Some small-business employers with fewer than 50 employees may be exempt if providing accommodations would cause them undue hardship, such as unreasonable expense or the need to renovate an existing workspace.
An employee may report violations of their right to lactation accommodation to the California Labor Commission. Except in cases of undue hardship, California employers who fail to comply may face citation and fines. Further, a lactating employee whose right to lactation accommodation has been violated by a qualified employer may file a complaint seeking financial compensation. Courts often value this at one hour of the employee’s wages per violation. Compensation for emotional stress and anxiety may also be available through a lawsuit, particularly in cases of employer harassment, retaliation, or wrongful termination.
How Can a California Employment Lawyer Help Me?
Despite the protections of California’s lactation accommodation law, some California employers fail to provide an adequate pumping location or allow a lactating employee the time needed to pump. In the worst cases, an employer may attempt to retaliate against or wrongfully fire an employee who asserts their right to lactation accommodation under California law. Fortunately, you have legal options available to you. Contact Sparrow Law Group to learn about your legal right to a legal remedy.