Female Employees Entitled to Lactation Breaks

California is one of the states that has laws specifically pertaining to the rights of employees who are new mothers to take lactation breaks while on the job. Prior to 2020, state law required that employers provide a reasonable amount of time for an employee to express breast milk and try to provide a private room other than a bathroom in close proximity to the employee’s workstation to do so. Beginning in 2020, California has further defined the requirements of space and conditions for employees in need of lactation breaks. If you are a mother who is not receiving the proper time and space for lactation breaks while at work, you may have a valid claim for damages. Talk to an experienced California employment law attorney today to learn more about your legal options.

Space and Conditions for Lactation Breaks

Known as Senate Bill No. 142, the new 2020 law clarifies the space and conditions that employers must provide for their employees who require lactation breaks. There are now five mandated specifications of an employee lactation room or location:

• The space is safe, clean, and free of hazardous materials
• Contains a surface to place a breast pump and personal items
• Contains a place to sit
• The space has access to electricity or alternate devices that includes, but is not limited to, extension cords or charging stations that are required to operate or charge a breast pump machine
• The space has access to a sink with running water and a refrigerator or other cooling device where the employee can store breast milk in close proximity to their workspace

It is also important to note that lactation rooms under the new law can be temporary or permanent, and if a multipurpose room is identified as a lactation space, the need for lactation breaks must be prioritized over other uses. In addition, multi-tenant buildings are allowed to share a space identified as a lactation room for employees of multiple employers.

Penalties for Employer Violations

If an employer fails to provide a lactation space that meets the requirements of the new California employment law, they are subject to penalties under the state’s meal and rest period laws as a violation of an employee’s rest period. An employer is not required to pay an employee for the time spent on a lactation break, but if the employer fails to provide an adequate space, then they are required to compensate the employee an additional hour at the employee’s regular rate of pay for each lactation break for which the state law space conditions are not met. The only exception to the new law are employers with fewer than 50 employees who can also prove that meeting the requirements of the law would pose an undue hardship.

Talk to an Employment Lawyer

Are you a new mother whose employer is not meeting the requirements of a lactation room? Talk to an experienced California employment lawyer today to learn more about your legal options.