There
are three essential requirements to ensure that employees
can successfully combine work and breastfeeding.
Time: Allow employees
sufficient break time to pump, or provide flexible work
hours.
Space: Have
available comfortable, clean and private space for
expression and storing breastmilk or provide nearby or
on-site child care so that employees can breastfeed on break
and lunch.
Support:
Develop "mother-friendly" workplace policies,
improve attitudes towards breastfeeding by educating workers
and management about the benefits of breastfeeding.
Lactation
Accommodation Law (Assembly Bill 1025) - Legal Requirements
SECTION 1.
Chapter 3.8 (commencing with Section 1030) is added to Part
3 of Division 2 of the Labor Code, to read:
CHAPTER 3.8
LACTATION ACCOMMODATION
1030. 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. 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.
1031. 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. The
room or location may include the place where the employee
normally works if it otherwise meets the requirements of
this section.
1032. An
employer is not required to provide break time under this
chapter if to do so would seriously disrupt the operations
of the employer.
1033. (a) An
employer who violates any provision of this chapter shall be
subject to civil penalty in the amount of one hundred
dollars ($100) for each violation.
(b) If, upon
inspection or investigation, the Labor Commissioner
determines that a violation of this chapter has occurred,
the Labor Commissioner may issue a citation. 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.
(c)
Notwithstanding any other provision of this code, violations
of this chapter shall not be misdemeanors under this code.
SEC. 2. No
reimbursement shall be made from the State Mandates Claims
Fund pursuant to Part 7 (commending with Section 17500) of
Division 4 of Title 2 of the Government Code for costs
mandated by the state pursuant to this act. It is
recognized, however, that a local agency or school district
may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any
other provisions of law.
Printer
Friendly Format
Downloadable PDFs and
other
If you have
any questions or need legal assistance in breastfeeding, please
contact us for more information.
|
