Employees Expressing Breast Milk at Work
California law requires you to reasonably accommodate employees who want to express breast milk at work. The law requires you to provide a reasonable amount of break time for employees to express breast milk. You also must provide the use of a private place to express breast milk, other than a toilet stall, in close proximity to the employee’s work area. The employee’s normal work area can be used if it allows the employee to express milk in private.
Employees can be required to use the paid rest break time you have already provided. If the employee needs a reasonable amount of additional time beyond the normal paid rest break for expressing milk, the time must be provided, but it can be unpaid. Employees can also choose to use lunch break time to express breast milk, but this does not relieve you of your responsibility to provide reasonable rest break time as explained above.
The Labor Commissioner may issue a citation if you violate this law, subjecting you to a civil penalty of $100 for each violation.
The Patient Protection and Affordable Care Act of 2010 (HR 3590) amended the Fair Labor Standards Act (FLSA) to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth, each time that the employee has need to express the milk.
The federal law also requires that employers provide a place for this purpose that is not a bathroom, but that is shielded from view and free from intrusion. Employers are not required to pay for the break time that is used for this purpose.
Generally, employers that are covered by the FLSA and employ 50 or more employees are required to comply with the federal law. Where the state law is more protective, employers should comply with state law, too. Under state law, an employer is exempt from the law only if operations would be seriously disrupted by providing break time to employees to express breast milk. The federal law provides an exemption for employers with fewer than 50 employees, if providing the breaks would impose an undue hardship in terms of difficulty or expense. Employers should consult with legal counsel if they have questions regarding compliance with state of federal law.
Employers should also be aware that the definition of “sex” under the state Fair Employment and Housing Act includes “breastfeeding and medical conditions related to breastfeeding.” Employers are clearly prohibited from discriminating against employees or job applicants because of breastfeeding and related medical conditions.
Employees can be required to use the paid rest break time you have already provided. If the employee needs a reasonable amount of additional time beyond the normal paid rest break for expressing milk, the time must be provided, but it can be unpaid. Employees can also choose to use lunch break time to express breast milk, but this does not relieve you of your responsibility to provide reasonable rest break time as explained above.
The Labor Commissioner may issue a citation if you violate this law, subjecting you to a civil penalty of $100 for each violation.
The Patient Protection and Affordable Care Act of 2010 (HR 3590) amended the Fair Labor Standards Act (FLSA) to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth, each time that the employee has need to express the milk.
The federal law also requires that employers provide a place for this purpose that is not a bathroom, but that is shielded from view and free from intrusion. Employers are not required to pay for the break time that is used for this purpose.
Generally, employers that are covered by the FLSA and employ 50 or more employees are required to comply with the federal law. Where the state law is more protective, employers should comply with state law, too. Under state law, an employer is exempt from the law only if operations would be seriously disrupted by providing break time to employees to express breast milk. The federal law provides an exemption for employers with fewer than 50 employees, if providing the breaks would impose an undue hardship in terms of difficulty or expense. Employers should consult with legal counsel if they have questions regarding compliance with state of federal law.
Employers should also be aware that the definition of “sex” under the state Fair Employment and Housing Act includes “breastfeeding and medical conditions related to breastfeeding.” Employers are clearly prohibited from discriminating against employees or job applicants because of breastfeeding and related medical conditions.