At the Leichter Law Firm, APC, Los Angeles employment law attorney Aryeh Leichter knows California is at the forefront of protecting employees’ rights in the workplace, including those related to lactation.
Nursing parents returning to work deserve an environment where they can comfortably and safely express breast milk. California law has established clear guidelines for employers, ensuring that lactating employees are given reasonable accommodations and respect in the workplace.
Here’s what employees need to know about lactation rights in California.
The Importance of Lactation Rights in California Workplaces
Returning to work after childbirth can be challenging, especially for nursing parents who need to balance work responsibilities with their baby’s feeding needs. Lactation accommodations are essential for physical health, bonding, and overall well-being, and they contribute to a more inclusive, supportive workplace.
What California Law Requires of Employers
California has set specific requirements for lactation accommodations through Assembly Bill 1976 and Senate Bill 142, which expanded protections under the California Labor Code and made the state one of the most progressive in the nation regarding lactation rights.
Here are the main requirements:
- Providing Break Time for Lactation
California law mandates that employers must provide a reasonable amount of break time for an employee to express breast milk. Employers can offer lactation breaks concurrently with standard rest or meal breaks; the leave may be unpaid if additional time is required. However, employers must remain flexible and ensure lactating employees have enough time to express milk as needed.
- Providing a Private Lactation Space: Employers must provide a private, clean space for employees to express milk. This space must be:
- Private and free from intrusion: The area should be shielded from view and inaccessible to others while in use.
- Not a bathroom: California law explicitly states that bathrooms are not acceptable spaces for lactation.
- Equipped with amenities: The space should have seating, a flat surface for personal items, and access to a nearby sink with running water and refrigeration for storing expressed milk (if possible). Employers must strive to make the space as comfortable as possible within reason.
Flexibility for Multi-Location and Remote Employees
Accommodations can vary for employers with multiple work locations or remote workers, but employers must still make reasonable efforts to meet the needs of each employee. For example, remote employees should be encouraged to take lactation breaks in their private spaces.
At the same time, multi-location employers with more than 50 employees should provide lactation spaces at each site.
Rights and Exceptions for Small California Employers
Small businesses with fewer than 50 employees may request an exemption if providing lactation accommodations would cause undue hardship. However, the employer must prove that providing a private space and break time would be significantly challenging or costly. Even in cases of exemption, employers must still make reasonable efforts to accommodate the lactating employee.
Anti-Retaliation Protections in California
California law prohibits retaliation against employees who request lactation accommodations. This means employers cannot penalize, demote, or take adverse actions against employees who express their right to lactation breaks or ask for a private lactation space.
What California Employees Can Do If Their Lactation Rights Are Denied
If you believe your employer is not providing adequate lactation accommodations, here are steps to consider:
- Document Your Requests
Keep a record of your accommodation requests and any responses from your employer. Documenting these interactions helps build a strong case if you take formal action.
- File a Complaint with the Labor Commissioner
California employees can file a complaint with the California Labor Commissioner’s office if they feel their rights have been denied. This complaint can initiate an investigation into the employer’s practices regarding lactation accommodations.
- Seek Legal Assistance
Consulting an experienced Los Angeles employment law attorney can help clarify your rights and legal options. An attorney can guide you through the process, ensuring your needs are met, and any violations are addressed. They can also help navigate claims for compensation if your rights have been infringed.
Why Lactation Rights Matter for California Employees
Providing proper lactation accommodations isn’t just about complying with the law—it’s about creating a workplace that values and supports the needs of all employees. When employees feel supported, they’re more likely to be engaged, productive, and loyal to their employer. For employers, offering lactation accommodations helps reduce turnover, enhance morale, and foster a more inclusive work environment.
Lactation accommodations are a critical component of workplace inclusivity and a legal requirement for employers in California. If you’re a lactating employee, knowing your rights helps you advocate for your needs confidently. If you encounter challenges related to lactation accommodations, an experienced employment attorney can provide the support and guidance you need to protect your rights.
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling 818-915-6624 or contacting the firm online.