California Breastfeeding Laws

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
In California, breastfeeding laws are designed to support and protect the rights of nursing mothers in the workplace and in public spaces who need to express breast milk. These breast milk laws aim to ensure that nursing mothers have the opportunity to breastfeed or express breast milk without facing discrimination or harassment for taking excessive break time or rest time for lactation purposes.
In California, employers are required to provide reasonable accommodations for nursing mothers to express breast milk in the workplace. Part of these accommodations includes providing a lactation space or other suitable location to express milk. California law outlines specific requirements for lactation accommodations in the workplace.
It’s important for employers to comply with California’s lactation accommodation requirements to ensure that nursing mothers have access to a suitable and private space for expressing breast milk while at work. Failure to provide adequate accommodations or a reasonable amount of break time for expressing milk may result in legal liability for the employer. Additionally, employers should train managers and supervisors on the requirements and ensure that all employees are aware of their rights regarding lactation accommodations.
What is reasonable break time for nursing mothers?
Women typically pump every 2 to 3 hours, or around two to three times per 8-hour work period. Women who work 12-hour shifts may need to pump three to four times to maintain their milk production.
It can take 15 to 20 minutes to express milk, depending on the woman and the age of the baby. This does not include time needed to get to and from the pumping space or the time needed to set up and then clean the breast pump attachments after pumping. A reasonable amount of time can depend on the mother.
How long are pumping breaks at work?
According to the ACLU, the law doesn’t specify an amount of time, but federal regulations advise employers to provide 2-3 breaks during an 8-hour shift and sufficient time for the lactating parent to walk to the designated space, wait for use of the space, set up the pumping equipment, retrieve the milk, clean the equipment afterwards, and store the milk.
Do you have to clock out to pump?
No. According to the California Department of Industrial Regulations, while the employer must allow an employee to leave the work area to pump, the employer does not have to pay for pumping time, beyond the standard break time.
What is considered reasonable break time for nursing mothers?
The law doesn’t specify an amount of time, but federal regulations advise employers to provide 2-3 breaks during an 8-hour shift and sufficient time for the lactating parent to walk to the designated space, wait for use of the space, set up the pumping equipment, retrieve the milk, clean the equipment afterwards,
How many lactation rooms in the workplace?
The only guidance that currently exists comes from the National Institute of Health (NIH), which recommends: 6 lactation spaces for 1000 female employees. 2 for 250 female employees. 1 for 100 or fewer female employees.
Are lactation breaks paid?
“Pumping breaks” are protected by California pumping laws and should be provided by employers. Lactation breaks can be paid if the employee takes this break at the same time as another paid break, such as a rest or meal break
Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
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