An overview of California's lactation regulations and recent addition of "breastfeeding" as a protected act under the California Fair Employment and Housing Act

1. www.hrgazette.com Mary E. Wright, Editor
California Lactation
Accommodation
& Breastfeeding
Anti-Discrimination Policy
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2. What is “lactation accommodation?”
A release from work-related duties for
the purpose of expressing breast milk.
www.hrgazette.com Mary E. Wright, Editor

3. What are the employer’s obligations?
• A release from all duties for no less than net
10 minutes;
• A private location, shielded from view;
– Not a bathroom stall;
– With a flat surface to set equipment during
expression;
– near the employee’s work station; and
www.hrgazette.com Mary E. Wright, Editor

4. What are the employer’s obligations?
• A place to store the pump, insulated food
container and expressed milk.
• An employer need not provide refrigeration
so long there is space to store an insulated,
temperature controlled food container.
www.hrgazette.com Mary E. Wright, Editor

5. Is it a paid break?
• Yes, if: • No, if:
– It occurs at the same – It is taken in addition to;
time as; and and
– Does not exceed – at a time other than
the employee’s legally the employee’s legally
mandated rest break. mandated rest break.
The lactation break should run concurrently with the paid, legally
mandated ten minute rest break when reasonably possible.
www.hrgazette.com Mary E. Wright, Editor

6. May an employer take adverse
action against an employee because
she expresses breast milk or
breastfeeds her infant?
www.hrgazette.com Mary E. Wright, Editor

7. No. Sex discrimination is prohibited
by the California Fair Employment
and Housing Act.
www.hrgazette.com Mary E. Wright, Editor

8. • Recently, the FEHA was amended to clarify
that the term sex includes:
– breastfeeding; and
– medical conditions related to breastfeeding.
• Amendment effective January 1, 2013.
www.hrgazette.com Mary E. Wright, Editor

9. www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is easy.
There are all sorts of factual twists that can
change the way this law applies in your
particular situation.
Send questions or comments to:
Mary Wright, Editor, HR Gazette
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10. www.hrgazette.com Mary E. Wright, Editor
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