Understanding Lactation Space Laws in California
The California Labor Code requires every employer to provide reasonable accommodations and breaks for employees who need to lactate for their infant children. Currently, a lactation space must be private. It cannot be a toilet stall and must be close to the employee’s work area. The space can be the employee’s work area if it meets these criteria.
The California Legislature has proposed two bills that, if signed into law, would expand protections for mothers who need lactation breaks:
Assembly Bill 1976: This bill clarifies that the lactation space must also be separate from a designated bathroom. While a permanent lactation space is recommended, it is not required if the employee demonstrates operational, financial, or space limitations. A temporary space would comply if it is private, free from intrusion, separate from a bathroom, and used only for lactation purposes. AB 1976 also specifies rules for agricultural employers. An agricultural employer meets the requirement if they provide a private, enclosed, and shaded space as described. If providing such a space creates undue hardship, the employer must make reasonable efforts to provide a room or space for expressing milk that is not a toilet stall.
Senate Bill 937: This bill adds additional requirements for lactation spaces beyond AB 1976. In addition to the previous requirements, SB 937 states:
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The space must be clean and safe.
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It must provide a place to sit.
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It must have a surface to place a breast pump and personal items and accommodate an electric or battery-powered breast pump.
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The employer must provide access to a running sink and a refrigerator for milk storage. If a refrigerator is unavailable, alternative accommodations such as a personal cooler must be provided.
SB 937 also includes a discrimination clause. It prohibits unlawful discharge or discrimination against employees requesting lactation accommodations. Employers must keep a record of requests for up to three years. Employees and the Labor Commissioner must have access to these records. Employers must also develop and implement a lactation accommodation policy. The policy must include a statement about employee rights, instructions for requesting accommodations, and employer obligations.
Under current law, an employee’s lactation break should run concurrently with their allotted break time. If it does not, the employer is not required to pay the employee. This rule would remain unchanged under either proposed bill. Under each bill and current law, an employer may claim exemption by proving undue hardship.
What can I do if my employer does not honor lactation accommodation?
If your employer fails to follow current labor codes regarding lactation accommodations, you may file a report with the Labor Commissioner’s Bureau of Field Enforcement (BOFE). Employers found violating accommodation laws could face a civil penalty of $100 or receive a citation from the Labor Commissioner.
If you believe you have been discriminated against by your employer, contact an experienced workplace discrimination attorney. At Van Egmond & Heitlinger, APC, we help you understand your legal rights and assess whether you have a viable case. Contact us today at (209) 876-8886 or fill out our online form.