California and federal laws require lactation accommodations for breastfeeding employees. The federal lactation accommodation law called the PUMP Act has many of the same requirements as the state law, however there are some details of state law that California employers should take note of.
Here are the key points employers need to know.
California’s lactation accommodation laws are among the most comprehensive in the United States. Under California Labor Code Sections 1030-1034, employers are required to provide:
- Reasonable Break Time: Employers must provide reasonable break time for employees to express breast milk. This break time should ideally coincide with any existing break time provided to the employee. If it doesn’t, the break time for expressing milk does not need to be paid.
- Private Space: employers must provide a room or other location, other than a bathroom, in close proximity to the employee’s work area, which is private and free from intrusion while the employee is expressing milk. The location must be safe, clean, and free of hazardous materials and have the following:
- A surface for a breast pump and personal items;
- A place to sit; and
- Have access to electricity or alternative devices like extension cords.
- Moreover, the employee must have access to a sink with running water and a refrigerator or other cooling device suitable for storing milk in close proximity to the employee’s workspace.
Employers in San Francisco should be aware that the city and county have a separate Lactation in the Workplace Ordinance, which includes specific requirements. The San Francisco Office of Labor Standards Enforcement has issued an FAQ regarding this ordinance.
