Workplace Lactation Laws 

Lactation Breaks at Work
  • A lactation break is a period of time during the work day for nursing mothers to express breast milk (i.e., a break to pump). Both state and federal laws require California employers to provide lactation breaks.
  • The length of the lactation break must be a reasonable amount of time to express breast milk. This somewhat vague standard usually means that there are no strict time limits.
  • The U.S. Department of Labor has suggested that the act of expressing breast milk alone typically takes about 15 to 20 minutes, but a reasonable break time will usually be longer because the employee will likely require preparation before beginning.
​When to take Lactation Break
  • If the employee is entitled to take rest or meal breaks, the employee should try to take the lactation break at the same time as the rest or meal breaks.
  • But if that isn’t possible, or if the employee requires additional break time to express milk, the employer is still required to allow the lactation breaks at other times
Pay During Lactation Breaks
  • If the employee takes their lactation breaks at times other than their normal rest or meal breaks, the employer is not required to pay the employee during the lactation break.
  • If the lactation break occurs at the same time that a paid break would otherwise occur for the employee, the break must be paid.
The appropriate length of the break will depend on a variety of factors:
  • The frequency and number of breaks the nursing mother might need;
  • The time it takes to walk to and from the lactation space and the wait, if any, to use the space;
  • The time it takes the employee to retrieve her pump and other supplies from another location;
  • The time it takes the employee to unpack and set up her own pump or if a pump is provided for her;
  • The efficiency of the pump used to express milk;
  • The time it take the employee to wash her hands before pumping and to clean the pump attachments when she is done expressing milk; and
  • The time it takes for the employee to store her milk either in a refrigerator or personal cooler.
Location of the Lactation Break
  • Employers are required to make reasonable efforts to provide employees with a private area to express breast milk. The area must be in close proximity to the employee’s work area, and may not be a toilet stall.
  • A private area, for these purposes, is one that is shielded from view and free from intrusion from coworkers and the public. If the employee’s normal work area is private and suitable, the employer is allowed to designate that area as the place for the employee to express their breast milk in private.
Requesting a Lactation Break
If new mothers desire to express breast milk at work, they should notify their employer of the need to do so. It is usually a good idea to put the request in writing, using respectful but concise language.
Employers are legally prohibited from retaliating against employees who request a lactation break. This means that an employee cannot be punished, fired, or treated unfairly for exercising the right to a lactation break.
The Right to Breastfeeding Accommodations
  • Employers in California are legally required to provide reasonable accomodations for employees with a condition related to pregnancy or childbirth.
  • A reasonable accommodation is an adjustment to the employee’s work environment that can enable the employee to perform the essential functions of the job.
  • Reasonable accommodations for lactating mothers will often include transferring the employee to a less strenuous or hazardous position.
  • To exercise this right, the employee must request the accommodation with the advice of her health care provider.
  • It is usually a good idea to put the requests in writing, and to save a copy of the request.
  • Employers are prohibited from retaliating against employees who request an accommodation for their pregnancy-related disability. ​
Penalty
If an employer fails to provide their employees with a lactation break, they can be required to pay a civil penalty of $100.00 for each violation.  In some cases, part of that penalty can be recovered by the employee. Similarly, if the employer discriminates 
against a breastfeeding employee, they can be held liable for substantial damages.