California Laws

California State LACTATION POLICIES  (1) 

California Labor Code Chapter 3.8: Lactation Accommodation

To Whom Does It Apply?

The Lactation Accommodation chapter of the California Labor Code applies to every employer in the state of California, including the State itself and any political subdivision or body of the State. “Employer” is defined broadly within the California Labor Code, and should be construed to include employers of independent contractors and part-time employees, as well as traditional full-time employees. 

Work Break Requirements. 

Every employer must provide a reasonable amount of break time to accommodate nursing mothers. The break time shall, if possible, run concurrently with any break time already provided to the nursing mother. Break time that does not run concurrently with already allotted breaks does not need to be paid. 

Lactation Space Requirements. 

The employer must provide nursing mothers with use of a room or other location to express milk in private. The room or location may include the place the employee already works if it meets the following requirements; the space must:

(1)            Not be a bathroom;

(2)            Be in close proximity to the nursing mothers’ work area, shielded from view, and free from intrusion;

(3)            Be safe, clean, and free of hazardous materials;

(4)            Contain a surface to place a breast pump and personal items;

(5)            Contain a place to sit;

(6)            Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations needed to operate electric or battery powered breast pumps;

(7)            Have access to a sink with running water and refrigerator that is suitable for storing milk (or similar cooling device if a refrigerator cannot be provided); and

*      If a sink or refrigerator cannot be placed in the lactation room, it may be placed in close proximity to the employee’s workspace.

(8)            When the lactation space is a multi-purpose space, the use of the room for lactation must take precedence over any other uses, but only for the time it is needed by nursing mothers. 

Can The Space Be Shared? 

Yes, an employer in a multitenant building or multiemployer worksite may comply with the state lactation accommodation laws by providing a space shared among multiple employers within the building or the worksite if the employer cannot provide a lactation space in the employer’s own private workspace. 

Temporary Lactation Spaces.

Temporary lactation spaces are acceptable in the event of operational, financial, or space limitations, subject to the following limitations:

(1)            Bathrooms are not permissible temporary lactation spaces;

(2)            Temporary spaces must still be  in close proximity to the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk; and

(3)            Temporary spaces should be functionally compliant with all rules applicable to permanent lactation spaces.

 Exempt Employers. 

An employer is not required to provide break time under Chapter 3.8 of the California Labor Code if to do so would seriously disrupt the operations of the employer. An employer that employs fewer than 50 employees may be exempt from the space requirements if it can demonstrate undue hardship. It must instead make best efforts to provide the employee with use of a room, other than a toilet stall, in close proximity to the employee’s work area, where the employee can express milk in private.

Penalties. 

An employee may file a complaint with the Labor Commissioner of California. Employers may not fire, discriminate, or retaliate against an employee for exercising or attempting to exercise any rights provided under this section of the California Labor Code. If the employer is found to be in violation of this section the employer may have to pay a fine of $100 a day for each day that the employee is denied reasonable break time or adequate space to express milk.

 

San Francisco, California LACTATION POLICIES  

San Francisco Labor and Employment Code Article 31: Lactation in the Workplace (2)

To Whom Does It Apply?

Any non-governmental entity that employs workers within the City of San Francisco.

Work Break Requirements. 

 The employer shall provide a reasonable amount of break time for an employee to express breast milk for their nursing child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time in excess of the break time already provided to the employee may be unpaid.

 Lactation Space.

Employers must provide a lactation location other than a bathroom, in close proximity to the employee’s work area, which is shielded from view and free from intrusion. The room may include the place where the employee otherwise works (like an office) if it meets the following requirements; the space must:

(1)            Be safe, clean, and free of toxic and hazardous materials;

(2)            Contain a surface (table or shelf) to place a breast pump and other personal items;

(3)            Contain a place to sit; and

(4)            Have access to electricity.

The employer must also provide access to a refrigerator and a sink with running water that is in close proximity to the employee’s work area.  

Can The Rooms Be Shared?

The rooms can be used by multiple different employers if an employer cannot satisfy the above requirements in their workspace. The shared space must be sufficient to accommodate the number of employees that may need to use it at any given time.

Required Policy and Process for Requesting Lactation Accommodation.  

Each employer must develop a policy regarding lactation accommodation that:

(1)            Includes a statement that employees have a right to request lactation accommodations;

(2)            Identifies a process by which an employee may request lactation accommodations;

*      The policy must specify how an employee may submit a request,

*      Requires the employer to respond in five business days, and

*      Requires the employee and employer to engage in an interactive process to determine the appropriate lactation break periods and the lactation location for the employee.

(3)            States that if an employer does not provide breaks or a location because of an exception, they must give the employee a written response of why the request was denied and the employer must keep the requests on record;

(4)            States that retaliation against an employee is unacceptable; and

(5)            Must be distributed to all employees upon hiring and given to all employees who request pregnancy or parental leave. If there is an employee handbook the policy shall be included in it.

 

Employer Records. 

Employers have robust record-keeping requirements under §31.6 of San Francisco’s Lactation in the Workplace Ordinance.(3)  Records must be kept for three years after a given lactation accommodation request. 

Exercise of Rights. 

Employers must not interfere, restrain, or prevent the exercise of, or the attempt to exercise, any right protected under the Lactation in the Workplace Ordinance. It is illegal for an employer to discriminate or retaliate against an employee for exercising their rights under the ordinance, and any employee whose rights are violated can file a complaint. Further details on exercising rights can be found in §31.7. 

Enforcement, Implementation, and Rulemaking. 

Employers who violate the ordinance may be penalized or fined for their noncompliance, with fines reaching up to $500 for each violation of the rule. Details on enforcement and penalties can be found in §31.8.  

Best Practices and Model Policy and Model Request Forms.

The San Franscisco Director of Public Health has made the following recommendations regarding permanent and temporary lactation spaces.

Permanent Lactation Spaces. The ideal situation is for an employer to designate a permanent room within the workplace to be used solely for purposes of lactation or nursing at all times. It should be a private room with:

(1)            A door that can be locked from the inside;

(2)            At least one electrical outlet;

(3)            A washable, comfortable chair;

(4)            A surface on which to place a pump or personal belongings such as a table or shelf;

(5)            Adequate lighting;

(6)            The ability to add a partition to the room to accommodate multiple employees simultaneously;

(7)            A refrigerator for storage of breast milk;

(8)            A sink with running water;

(9)            A hospital-grade electric breast pump or pumps;

(10)         A full-length mirror;

(11)         A microwave;

(12)         Lockers or a place to store belongings; and

(13)         The hygiene standards of the room shall be on par with a location suitable for the preparation or storage of food. There should be a permanent sign outside the room or on the door indicating that it is a lactation location.

 

Temporary Lactation Spaces. 

If, due to space, operational, or financial limitations, the employer cannot provide a room as a dedicated lactation location or a room that is a multipurpose lactation location, the employer should designate a space within a room as a temporary lactation location. A temporary lactation location could, for example, be created using screening or curtains. The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (i.e., the chair, table, etc.) should not be modified during the duration of the employee’s need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of the employee’s need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed.

San Francisco Administrative Code §16 

To Whom Does It Apply?  

This code applies only to employees who work for the City of San Francisco.

Work Break Requirements.  

City Departments must allow nursing mothers breaks for lactation during work hours using normal paid breaks and mealtimes. Departments must also accommodate additional unpaid breaks for lactation to the extent feasible, and departments are required to establish a process for nursing mothers to request breaks. 

Lactation Space Requirements. 

Each department is required to have a policy that requires departments to provide a place other than a bathroom that is shielded from view and free from intrusion from coworkers and the public. Rooms may be used for other purposes when they are not needed for lactation rooms. The department’s policy is required to create a system to schedule use of the lactation rooms.

The polices of each department are required to encourage the following (but departments are not required to provide):

(1)            A door that can be locked;

(2)            At least one electrical outlet;

(3)            Chair or chairs;

(4)            Adequate lighting;

(5)            The ability to add a partition to the room to accommodate multiple mothers; and

(6)            Other amenities like a fridge for storing breast milk.

 

Lactation Spaces In New Or Renovated City Workplaces.

 

Whenever the city constructs a new building for city employees or enters into a new lease for all or part of a building that is or will be a workplace for city employees, the department managing the construction will ensure that sufficient space in the building is identified for a lactation space that accommodates the number of city employees that are anticipated to need a lactation space. 

Right to Breastfeed in Public. 

Under state law, a mother has the right to breastfeed her child in any location, public or private, except the private home or residence of another. The policies of each department are required to state that nursing mothers are not required to limit lactation to spaces identified by the city for this purpose. The policy shall also state that city employees shall not infringe the right of any member of the public to engage in lactation in any city location that is open to the public.

Required Workplace Policy. 

An employer is required to develop and implement a policy regarding lactation accommodation that includes:

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

(2)            The process by which the employee makes the request;

(3)            An employer’s obligation to respond to the request;

(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;

(5)            The employer shall include the policy in an employee handbook or set of policies that the employer makes available to employees;

(6)            The employer shall distribute the policy to new employees upon hiring and when an employee makes an inquiry about or requests parental leave;

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

 

Los ANGELES, CALIFORNIA LACTATION POLICIES

City of Los Angeles Lactation Accommodation Policy

To Whom Does It Apply? 

The lactation accommodation policy applies only to employees of the City of Los Angeles. 

Work Break Requirements. 

If possible, the lactation break should be the same as the employee’s regular break time, but the employer must make separate time available should the employer required it to express milk.

Lactation Space Requirements. 

The employer must provide a private space free from intrusion and make reasonable efforts for the location to be in close proximity to the employee’s work area. The space must also:

(1)            Be clean, safe, and free of hazardous materials;

(2)            Have access to electricity and a sink with running water;

(3)            Contain comfortable seating with a surface to place a breast pump and personal items;

(4)            Be in close proximity to a refrigerator suitable for storing milk;

(5)            May not be a restroom; and

(6)            May not be a closet or storage room unless they do not contain noxious materials and are converted into a private space.

Notice of Policy.

Every city employee must receive a copy of the City of Los Angeles Lactation Accommodation policy prior to their maternity leave and after returning to work. Employers must document the furnishing of the policy on both occasions.

 

LARKSPUR, California LACTATION POLICIES

 There are no lactation accommodations ordinances or rules specific to Larkspur, California.

 The rights granted by Chapter 3.8 of the California Labor Code, and by the federal FLSA and PWFA, represent the highest level of workplace accommodation protections afforded to working, nursing mothers in Larkspur, California.