California Law Provides that An Employer Must Provide Employee with Accommodations to Express Breast Milk

California Law Provides that An Employer Must Provide Employee with Accommodations to Express Breast Milk

Under the California Labor Code § 1030, every employer "shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child." Cal. Lab. Code § 1030. In addition, the employer shall also provide a location for this purpose.

Furthermore, Section 1031 states that: "The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section." (emphasis added).

Moreover, an employer who violates these provisions "shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation." Cal. Lab. Code § 1033. The accompanying state regulations under Title 22 Cal. Code Regs. § 7291.29(s)(5) further provide that a reasonable accommodation of an employee affected by pregnancy includes "providing a reasonable amount of break time and use of a room or other location in close proximity to the employee's work area to express breast milk in private as set forth in Labor Code section 1030 et seq."

If you or anyone you know has employer who refuses to accommodate an employee with regards to breast feeding, please contact Lara & Luna, APC to obtain representation.