California Breastfeeding Laws

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. 

1. Workplace Accommodations:
   • California law requires employers to provide a reasonable amount of break time and a private, designated space (other than a bathroom) to express breast milk for an employee’s infant child. This break time requirement applies to all employers, regardless of size, and is in effect for breastfeeding mothers up to one year after their child’s birth.
   • Employers are required to have rest time authorized for breastfeeding mothers to express milk in private. Employers should make reasonable efforts to provide a private space or private lactation room that is shielded from view and free from intrusion by coworkers and the public. The space must be clean, safe, and available each time the employee needs to express milk.
   • Employers are prohibited from discriminating against or retaliating against employees who exercise their rights under California’s breastfeeding accommodation law.
2. Jury Duty Exemption:
   • California law provides an exemption from jury duty service for nursing mothers who are breastfeeding a child younger than one year of age, upon request. Nursing mothers may request to postpone their jury service for up to one year.
3. Legal Protections:
   • California law prohibits discrimination and retaliation against individuals based on pregnancy, childbirth, breastfeeding, or related medical conditions. This includes protections against adverse employment actions, harassment, and denial of reasonable accommodations related to breastfeeding.
4. Enforcement and Remedies:
   • Nursing mothers who believe their rights under California’s breastfeeding laws or labor code were violated may file a complaint with the California Department of Fair Employment and Housing (DFEH) or pursue legal action in court. Remedies for violations may include monetary damages, reinstatement, and injunctive relief.

Lactation Room Requirements in California

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.

1. Location:
   • The lactation space or room must be close to the employee’s work area.
   • It must be a private space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
2. Amenities:
   • The lactation room must include access to electricity or alternative devices (such as extension cords or charging stations) for powering breast pumps or other lactation equipment.
   • It must have a surface for placing a breast pump and personal items.
   • The room must have seating.
3. Accessibility:
   • The lactation room must be available as needed and in close proximity to the employee’s work area.
   • Employers may establish procedures for employees to access the lactation room, such as by providing keys, codes, or other means of entry.
4. Privacy:
   • The lactation room must provide privacy for the employee to express breast milk. This includes ensuring that the room has a door that can be locked or otherwise secured from the inside.
5. Cleanliness:
   • The lactation room must be clean, safe, and free from hazardous materials.
   • Employers should establish procedures for cleaning and maintaining the lactation room on a regular basis.
6. Signage:
   • Employers are required to provide notice to employees about their lactation accommodation rights, including information about the location of the lactation room and the process for requesting access.
7. Multiple Use:
   • The lactation room may be used for other purposes when not being used for lactation accommodation, provided that it remains available for its intended use by nursing mothers.

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.

California Lactation Law – FAQ

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