New Lactation Accommodations in California as of January 1, 2020

New Lactation Accommodations in California as of January 1, 2020

On January 1, 2020, California implemented a new law requiring certain lactation accommodations in the workplace.

Break Time. Employers must provide a reasonable break time any time that an employee desires to express milk. Such break time may run concurrently with existing paid breaks. But if additional break times are requested by the employee, then such additional breaks that do not run concurrently with existing paid break times can be unpaid.

Private Room. Employers must provide a private room for lactation, which must be shielded from view and cannot be a bathroom. The room must: (i) be safe, clean, and free of hazardous materials; (ii) contain a surface to place a breast pump and personal items; (iii) have a place to sit; (iv) have access to electricity, extension cords, and, as applicable, charging stations needed to operate a breast pump; and (v) provide access to a sink with running water and a refrigerator for storing milk in close proximity to the employee’s workspace (if no refrigerator is available, then another cooling device like a cooler must exist). If the private room is a multi-purpose room, then lactation shall take precedence over all other uses. The private room may be a temporary space designated for lactation purposes (such as when filming on location) when needed due to operational, financial, or limited space, but must otherwise comply with the requirements stated above.

Smaller Employers. An employer with less than 50 employees may be exempted if it can show undue hardship, or significant difficulty or expense to comply based on its size, financial resources, nature, or structure of the business. However, such employer must still make reasonable efforts to provide the employee with the use of a private room (other than a toilet stall) in close proximity to the employee’s work area.

Penalty. Failure to provide reasonable break times or adequate space for lactation may result in a $100 penalty for each day of violation.

Written Policy. Employers must develop a written lactation accommodation policy that describes: (i) the employee’s rights as stated above; (ii) the procedure for making the request; and (iii) the employee’s right to file a complaint with the California Labor Commissioner. Denial of a request must be provided in writing to the employee. The policy must also be included in the employee handbook or workplace policies, and it must be provided to employees upon hire and when an employee asks about parental leave.