Returning to work after having a baby in San Diego, CA, comes with plenty of challenges. One of the most common concerns for new mothers is whether they’ll have the time and space to express breast milk during the workday. California has some of the most protective lactation rights laws in the country, and every working parent should know what their employer is required to provide.
If your employer has failed to accommodate your lactation needs, you may have legal options. Employees facing workplace issues related to pregnancy, childbirth, or breastfeeding may be able to pursue a San Diego pregnancy discrimination claim under state or federal law. Read on to learn how California law protects breastfeeding employees and what you can do if your rights have been violated.
Why Lactation Rights Matter in California Workplaces
The decision to breastfeed is a personal one, but it shouldn’t force a new mother to choose between her child’s health and her job. Without proper workplace accommodations, many new mothers end up pumping in unsanitary spaces and may end up stopping breastfeeding earlier than they had planned.
California’s lactation laws exist to prevent those outcomes and to make sure that going back to work after pregnancy leave doesn’t come at the cost of a new parent’s health and well-being. These protections also benefit employers. Workplaces that support lactation tend to see lower turnover and higher morale among employees returning from parental leave.
What California Law Requires Employers to Provide
California Labor Code Sections 1030 and subsequent sections spell out the specific obligations that employers must meet when it comes to lactation accommodations. These include the following:
Reasonable Break Time for Lactation
Employers must provide reasonable break time each time an employee needs to express breast milk for an infant child. These breaks must be offered for as long as the employee continues to need them. Lactation breaks that overlap with existing paid rest breaks must be compensated. If additional time is needed beyond regular rest periods, however, the employer is not required to pay for it.
Employers are also required to develop and distribute a written lactation accommodation policy to all new employees and to anyone who requests information about lactation accommodations.
A Private, Compliant Lactation Space
In addition to break time, employers must provide a private location for lactation that meets specific standards under the law. The space must be:
- Close to the employee’s work area
- Shielded from view and free from intrusion
- Not a bathroom or toilet stall
- Safe, clean, and free from hazardous materials
- Equipped with a surface to place a breast pump and personal items
- Equipped with access to electricity
- Near a sink with running water and a refrigerator or other cooling device for storing expressed milk
These standards are meant to ensure that breastfeeding employees can pump in a dignified, sanitary environment without having to sacrifice privacy or basic comfort.
Protections for Remote, Multi-Location, and Field Employees
California’s lactation laws are not limited to traditional office settings. Employers must also provide reasonable accommodations for workers who travel between job sites or work in the field.
For employees who work at multiple locations, the employer is responsible for making sure a compliant lactation space is available at each site. For field workers and those in nontraditional environments, the employer may need to get creative. Nonetheless, however, the obligation to provide a private, functional space still generally applies.
Anti-Retaliation Protections Under California Law
California law prohibits employers from retaliating against employees who exercise their lactation rights. This means your employer cannot fire you, demote you, cut your hours, or take any other adverse action because you requested or used lactation accommodations.
If you’re being treated unfairly after making a request, that may constitute retaliation under the law.
Which Employers Must Comply With California Lactation Laws?
California’s lactation requirements apply to virtually all employers in the state, regardless of size. There is a narrow exemption for employers with fewer than 50 employees who can demonstrate that providing a lactation space would impose an undue hardship based on the nature of their business.
However, employers who qualify for this exemption are still expected to make reasonable efforts to provide a space. A blanket refusal to accommodate lactation needs will rarely hold up under California law. In addition to state requirements, employers must also comply with the federal PUMP Act, which provides a baseline of lactation protections for most employees nationwide.
Common Lactation Rights Violations in the Workplace
Despite the strength of California’s lactation laws, violations still happen regularly. Some of the most common issues employees face include:
- Being told to pump in a bathroom or other unsuitable location
- Not being given enough break time to express milk
- Being denied a lactation space altogether
- Having requests ignored or discouraged by management
- Facing negative treatment or retaliation after requesting an accommodation
- Not receiving a written lactation policy as required by law
If any of these situations sound familiar, you may have a valid legal claim against your employer. Documenting the issue thoroughly is an important first step toward protecting your rights.
What To Do If Your Lactation Rights Are Violated
If your employer refuses to comply with California’s lactation laws, there are steps you can take to protect yourself:
- Put your accommodation request in writing so that there is a clear record
- Document every instance where your request was denied, delayed, or discouraged
- Keep records of any negative treatment you experienced after making your request
- Save any written communications with your employer about the issue
- Speak with an experienced employment law attorney who can evaluate your situation and advise you on how to proceed
Employers who violate these laws can face civil penalties for each violation. Employees may also be entitled to additional remedies such as lost wages, emotional distress damages, reinstatement, and attorney’s fees, depending on the circumstances. If the violation rises to the level of pregnancy discrimination under FEHA, a separate claim may be warranted as well.
Filing a Lactation Rights Complaint in California
If you’ve been unable to resolve the issue with your employer directly, you have the option of filing a formal complaint. Lactation rights complaints can be filed with the California Labor Commissioner’s Office, which has the authority to investigate violations and impose penalties. If applicable, you might also be able to file a wage claim with that office.
Further, you may also be able to file a complaint with the Civil Rights Department (CRD) if your situation involves discrimination and/or retaliation. An employment attorney can help you determine which avenue is most appropriate for your case and guide you through the process.
Contact Our San Diego Pregnancy Discrimination Attorneys Today
Your right to express breast milk at work is protected by both California and federal law. If your employer is not providing you with the break time and space you’re entitled to in San Diego, you may be able to take legal action.
Fairchild Employment Law can help you assert your rights and pursue your best course of action. Call us at (619) 306-1454 or reach out online to schedule a free consultation.