Lactation Accommodation - Privileges And Immunities - Labor - CA

Section § 1030

This law requires employers, including the state and local governments, to allow reasonable break time for employees to express breast milk for their infant children whenever needed. If possible, this break should be taken at the same time as any existing break time. If the breastfeeding break time doesn't coincide with the usual rest period, it will be unpaid.

Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. 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.

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Section § 1031

Employers must provide a private space, not a bathroom, for employees to express breast milk. This space should be near the work area and shielded from view. It needs to be safe, clean, and equipped with a place to sit, a surface for items, and access to power for breast pumps.

Employers also need to provide access to a sink and fridge or cooler for milk storage. If the lactation room is multipurpose, it takes priority for lactation use. In multi-employer settings, shared spaces can be used, and agricultural employers must provide private and shaded areas.

Temporary spaces are allowed if they are compliant and not in bathrooms. Employers with less than 50 employees can be exempt if the requirements create undue hardship, but must still try to accommodate reasonable alternatives.

(a) An employer shall provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.

(b) A lactation room or location shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk.

(1) Be safe, clean, and free of hazardous materials, as defined in Section 6382.

(2) Contain a surface to place a breast pump and personal items.

(3) Contain a place to sit.

(4) Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump.

(d) The employer shall provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer-provided cooler.

(e) Where a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes.

(f)

(1) An employer in a multitenant building or multiemployer worksite may comply with this section by providing a space shared among multiple employers within the building or worksite if the employer cannot provide a lactation location within the employer’s own workspace.

(2) Employers or general contractors coordinating a multiemployer worksite shall either provide lactation accommodations or provide a safe and secure location for a subcontractor employer to provide lactation accommodations on the worksite, within two business days, upon written request of any subcontractor employer with an employee that requests an accommodation.

(g) An agricultural employer, as defined in Section 1140.4, shall be deemed to be in compliance with this section if the agricultural employer provides an employee wanting to express milk with a private, enclosed, and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor.

(h) An employer may comply with this section by designating a lactation location that is temporary, due to operational, financial, or space limitations. These temporary spaces shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view, free from intrusion while the employee is expressing milk, and otherwise compliant with this section.

(i) An employer that employs fewer than 50 employees may be exempt from a requirement of this section if it can demonstrate that a requirement would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. If that employer can demonstrate that the requirement to provide an employee with the use of a room or other location, other than a bathroom, would impose such undue hardship, the employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private.

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Section § 1032

This law states that an employer in California doesn't have to give workers break time if it would cause major disruption to their business operations.

An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.

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Section § 1033

This section outlines employers' responsibilities regarding break time and space for employees to express breast milk. If an employer does not comply, it is considered a violation, and the employee can file a complaint with the Labor Commissioner. Employers are also prohibited from retaliating against employees using these rights. If found guilty, the employer may face a $100 penalty for each day of non-compliance. Violations are not classified as misdemeanors.

(a) The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply for purposes of Section 226.7. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.

(b) An employer shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise any right protected under this chapter. This subdivision is not intended to limit or expand an employee’s rights pursuant to Section 98.6. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.7.

(c) An employee may report a violation of this chapter to the Labor Commissioner’s field enforcement unit. If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation and may impose a civil penalty in the amount of one hundred dollars ($100) for each day that an employee is denied reasonable break time or adequate space to express milk in violation of this chapter. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.

(d) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

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Section § 1034

This law requires employers to create and implement a policy that explains how employees can request lactation accommodations at work. The policy must state an employee’s right to make such a request, outline the process for doing so, and detail how the employer will respond. It should also inform employees of their right to file a complaint with the Labor Commissioner if their lactation accommodation rights are violated.

The policy must be included in any employee handbook or policy documents and shared with new hires and when someone asks about or requests parental leave. If the employer cannot meet the break time or provide an appropriate location per the policy, they must give the employee a written explanation.

(a) An employer shall develop and implement a policy regarding lactation accommodation that includes the following:

(1) A statement about an employee’s right to request lactation accommodation.

(2) The process by which the employee makes the request described in paragraph (1).

(3) An employer’s obligation to respond to the request described in paragraph (1) as outlined in subdivision (d).

(4) A statement about an employee’s right to file a complaint with the Labor Commissioner for any violation of a right under this chapter.

(b) The employer shall include the policy described in subdivision (a) in an employee handbook or set of policies that the employer makes available to employees.

(c) The employer shall distribute the policy described in subdivision (a) to new employees upon hiring and when an employee makes an inquiry about or requests parental leave.

(d) If an employer cannot provide break time or a location that complies with the policy described in subdivision (a), the employer shall provide a written response to the employee.

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