Under California laws, employers must make reasonable accommodations for employees in the event they need to express breast milk following a pregnancy. This includes providing a private room or space other than a bathroom that is in close proximity to the work area.
In this article, we will discuss your right to a safe location for lactation after giving birth. It’s essential to understand these rights and ensure that your employer provides you with the accommodations you deserve by law. However, there is no denying that some employers do not adhere to legal guidelines when it comes to employee protections for pregnant of lactating workers.
If you suspect that your breastfeeding rights have been violated by your employer, contact our law firm and speak with one of our attorneys. We can help you explore the available legal options, including the possibility of filing a lawsuit against your employer.
Lactation Accommodation Laws in California
California has strong and comprehensive laws that protect a worker’s right to lactation breaks and a safe place to pump breast milk following a pregnancy. As we mentioned before, the area provided by the employer must be safe, sanitary, and within close proximity to the employee’s work area. It must also be private, so the employee is not interrupted while she is expressing breast milk.
First and foremost, Senate Bill 142 prohibits employers from making employees use a bathroom for lactation breaks. It must also be shielded from view and allocated as a private space where the employee can be free of intrusions while they are pumping breast milk. In addition, the lactation room / area must meet the following conditions:
- Be clean and free of hazardous materials
- Have a place for the employee to sit comfortably
- Have a surface for the employee to place their breast pump and other personal items
- Provide access to electricity and/or devices, such as extension cords and charging stations for electric or battery-powered pumps
Aside from a location for expressing breast milk, employers must also provide a sink with running water and a refrigerator or other cooling device for storing milk. The sink and refrigerator, cooler, etc., must also be in close proximity to the work area.
It’s understandable that due to space restrictions, a multi-purpose room may be used as a lactation space. In this situation, the need for lactation takes precedence over other uses of the room, but only during the time that is used for the purpose of pumping milk.
Accommodations and Exceptions for Certain Employers
Clearly, some degree of flexibility is needed when it comes to a lactation space, depending on the type of workspace, the employer’s resources, and various other factors.
For example, if the workplace is in a multi-employer worksite or multi-tenant building, a safe and private lactation space may be shared among employees within the building or worksite. This is a common arrangement, as it’s difficult for employers in these situations to provide each individual worker with their own lactation room or area.
Senate Bill 142 does make exceptions for employers with less than 50 employees if they can prove that the state’s lactation area requirements impose an undue hardship based on the nature of the employer’s business, their financial resources, and the size and structure of the worksite.
Consequences for Employers That Fail to Provide Lactation Accommodations
Employers that fail to make lactation accommodations, including not providing a safe space or room to express breast milk are in violation of California’s Labor Code Section 226.7. Employees whose rights are violated have the right to file a lawsuit for failure to provide lactation accommodations.
Employers who are found to be in violation of state laws for lactation accommodations may be subjected to a civil penalty by the California Labor Commissioner. The penalty amount is $100 per day that the employee was denied a legally complaint space for pumping milk or lactation breaks throughout the day. Employers are also prohibited from discriminating or retaliating against an employee for asserting their right to lactation accommodations.
Federal and Local Laws for Breastfeeding Mothers in the Workplace
Under the Federal Labor Standards Act (FLSA), a nursing mother has the right to a private location, other than a bathroom, which they can use for break times to express milk as needed. Federal protection is also guaranteed by the Equal Employment Opportunity Commission (EEOC), In 2015, the agency officially declared that lactating workers are entitled to protection under the Pregnancy Discrimination Act (PDA).
The state of California has laws on the books for lactation accommodations that go back to 2002, which require employers to provide a location for lactation purposes and reasonable break times for pumping breast milk.
Local jurisdictions throughout the state may have own laws for workplace policies regarding accommodations for pregnant and breastfeeding women. San Francisco, for example, has the Lactation in the Workplace ordinance, which guarantees employees with adequate break times and safe spaces for lactation. Under this ordinance, businesses in San Francisco also require renovated or newly constructed buildings to have designated rooms for lactation breaks.
Our Law Firm is Here for You
There is always someone to assist you here at California Labor Law Employment Attorneys Group, so please reach out if you were denied a safe lactation space by your employer. We have attorneys that specialize in pregnancy and breastfeeding accommodation lawsuits, who are happy to provide you with a free consultation.
We also have a Zero Fee Guarantee policy for all clients, so you are never charged upfront for the cost of legal services. Payment is owed to us only if we succeed in recovering your settlement, so if we fail to win your case, you owe us nothing for the cost of legal fees.
For a detailed conversation with a California employment rights lawyer, contact us today.
