The United States is not known for its stellar parental leave or support policies. California has a better reputation for supporting their workers. When you choose to breastfeed, chestfeed, nurse, or otherwise continue to provide milk to your child when you return to work, you have some protections. Our San Diego pregnancy discrimination attorney at Walker Law is ready to discuss your situation and help you understand your options as a pumping parent.
Protections for Lactating Parents
State and federal statutes protect the right to express breastmilk at work for up to one year after the birth of the employee’s child. In California, this is outlined in Labor Code Sections 1030. The time to express milk and an appropriate location for it is what the law requires. However, the law does not require our employer to compensate you for pump breaks beyond the already established rest/break time everyone else gets. If your need to pump or express milk exceeds the allotted paid rest time, you are still entitled to additional time to pump, but it may be unpaid. Further, there is no specified time limit for these breaks. Your employer is required to provide you ‘reasonable’ time.
The law says the location must be a private space. The California Breastfeeding Coalition explains that your employer’s legal requirement of a private space should meet the below requirements:
It may not be a bathroom
It should be close to your work area and shielded from view
It needs to be a space that will not face intrusion or interruptions
It must be close to a refrigerator and sink with running water
The area must have access to electricity or other means to operate an electric pump
The area must be safe and clear of hazardous material
Physician’s Note
Many ask if they are required to submit a doctor’s note stating their need to pump at work, or if their employer is even allowed to request one. While your employer may technically request one, they may not require it to provide you with a pumping space or allow you to take pump breaks. They must allow these breaks in a space in compliance with requirements for up to a year after the birth of their child.
Recourse for Discrimination
You may have legal recourse if your employer has violated your rights as a nursing, chestfeeding, or breastfeeding parent. Under California Labor Code 3.8.1033, you have the right to file a complaint with the labor commissioner if your employer refuses to provide you with the necessary breaks. Additionally, you may file a complaint if you have faced adverse employment actions because you exercise your rights to pump at work.
You may file a complaint for these violations, but you may also choose to take legal action with a private discrimination attorney. You may have additional requirements to notify your employer of the violation and provide 10 days to comply before you can file a lawsuit, according to the Department of Labor.
While these protections cover most employers and workers, including small businesses, employers may be exempt from providing pumping breaks and locations if they show it causes undue hardship. While this does happen, it is not commonly substantiated in investigations. If your employer claims that providing these accommodations will create undue hardship for the employer, you may want to speak with an attorney to ensure you are accommodated as the law requires.
