Le Clerc & Le Clerc LLP Employment Law Attorneys
Call Today For The Counsel You Deserve 415-445-0900
Menu Contact

What are my breast pumping rights in California?

If you are currently pregnant, congratulations! There is likely quite a bit on your mind about your life post-baby and how being a new mother will impact returning to work.

If you are choosing to breastfeed your baby, you will need a private place to pump when you are working. What is your employer required to provide in terms of breaks and a space to pump?

Lactation accommodations required by law

Every employer, including the state and any political subdivision, is required to provide a reasonable amount of break time for employees who need to express breast milk. If possible, employees should try to have this time run concurrently with already-provided breaks. Employers are not required to pay for any break that does not run concurrently with authorized rest time.

Rest breaks are defined as a net 10 minutes that begins when you reach the area appropriate for pumping.

Employers are required to make reasonable efforts to provide you with the use of a room or other location, which is not a toilet stall, for breast pumping purposes. This location should be in close proximity to your work area. It can include where you already work if it meets the requirements. For instance, if you have a private office with a door that locks and no windows, or windows that have opaque blinds or curtains, this would be acceptable.

Employer’s obligations

Employers are directed to encourage and support the practice of breastfeeding, and should not ask you to consider formula feeding for their convenience. They also cannot discriminate or retaliate against you because you have chosen to breastfeed.

Failure to provide you with a rest period requires the employer to pay you one additional hour of pay at your regular rate for each workday the rest period is not provided. This is one hour of pay for the workday, not for each missed rest period in a given workday.

If you return to work after your pregnancy and experience resistance, discrimination or retaliation as a result of your choice to breastfeed, talk to an employment attorney well versed in protecting pregnant employees to advocate for your rights.

The only concern you should have when you return to work after a pregnancy is making sure your baby is fed in the manner you have chosen.

No Comments

Leave a comment
Comment Information
Get A Free Consultation

Contact Us Today To Protect Your Rights

Our lawyers will provide personalized and dedicated attention to your case. Call us at 415-445-0900 or fill out the contact form below to schedule a free consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

map

Office Location

Le Clerc & Le Clerc LLP
155 Montgomery St.
Suite 1004
San Francisco, CA 94104

Phone: 415-445-0900
Fax: 415-445-9977
Map & Directions