Returning to work after the birth of a child can be challenging, and for employees who choose to breastfeed or express milk, balancing work responsibilities with meeting a child’s nutritional needs can create additional stress. Fortunately, California law provides important protections for workers who are breastfeeding.
California employers generally must provide reasonable break time to allow employees to express breast milk during the workday. Whenever possible, these breaks should run concurrently with existing paid rest periods. If additional time is needed beyond normal breaks, employers may still be required to provide the opportunity for the employee to express milk.
Employers are also typically required to provide an appropriate private space for this purpose. A bathroom is generally not considered an acceptable lactation space under California law. Instead, the location should be safe, private and shielded from view and intrusion while the employee uses it. Depending on the workplace, the space may be temporary or permanent, but it must satisfy legal requirements.
The law also recognizes that employees should not be punished for exercising these rights. Retaliation, discipline, reduced hours or other adverse employment actions based on requests for lactation accommodations may violate state law. Workers should not feel pressured to choose between caring for their child and maintaining their employment.
Exercising one’s rights
Employees who encounter resistance when requesting lactation breaks or accommodations should document their requests and any responses they receive from management or human resources. Emails, written policies and scheduling records may serve as evidence if concerns cannot be resolved amicably, and in a worker’s favor.
California has made clear that breastfeeding employees deserve reasonable accommodations and workplace support. If your employer refuses to comply with these requirements or retaliates against you for asserting your rights, seeking experienced legal guidance can help you understand your options and pursue appropriate remedies under the law.