Lactation Rights at Work

You have the right to express breastmilk at work. You have the right to pump breastmilk at work. Most employers in California are required to provide you with a private room and a reasonable amount of break time to pump at work.

Your employer is required to provide you with a lactation room that is private, secure, clean, free of hazardous materials, shielded from view, and free from intrusion by supervisors, coworkers, and the public. As of January 1, 2020, the room must contain a place to sit, a table or shelf to place a breast pump and other equipment, and access to a power source to plug in an electric pump.

No. The lactation room must be a separate, private room that is not a bathroom.

Yes, but the law requires that use of the room for lactation takes precedence over other uses.

Yes. A multi-tenant building or multi-employer worksite must still provide lactation accommodations, but the lactation room may be shared among multiple employers.

Yes. You should submit a written request to the employer or general contractor stating that you are lactating and asking for lactation accommodations. Upon receipt of your request, the employer or general contractor is required to provide you with lactation accommodations within two business days.

As of January 1, 2020, your employer is required to provide you with a cooling device to store your milk, such as a refrigerator or an employer-provided cooler.

As of January 1, 2020, your employer must provide you with a sink that’s in close proximity to your workstation.

Your employer is required to give you a reasonable amount of break time to pump. The law doesn’t specify an amount of time, but federal regulations advise employers to provide 2-3 breaks during an 8-hour shift and sufficient time for the lactating parent to walk to the designated space, wait for use of the space, set up the pumping equipment, retrieve the milk, clean the equipment afterwards, and store the milk.

Not necessarily. While your employer must allow you break time to pump, they are not required to compensate you for that time. However, if your employer already offers paid breaks and you use those paid breaks to pump, your time should be paid as usual. For example, if you usually receive a 15-minute paid break, and you take 20 minutes to pump, your employer must pay you for the first 15 minutes but is not required to pay you for the last 5 minutes.

The law allows you to take lactation breaks to express milk for an “infant child,” but doesn’t define infancy for these purposes. Courts are likely to find the right to take lactation breaks for 1-3 years.

No. Your request for lactation accommodations triggers your employer’s obligation to provide you with a private lactation room and break time. You don’t need to submit any proof that you’re lactating.

You still have lactation rights, even if you work in an agricultural setting without traditional office space. In this circumstance, your employer must provide you with a private, enclosed, and shaded space, such as an air-conditioned cab of a truck or tractor.

It depends. In California, you have the right to breastfeed your child in any location – other than someone else’s private home– in which you and your child are authorized to be. But, employers do not have a legal obligation to permit parents to bring their children to work. If your employer does not allow children in the workplace, then you do not have a right to breastfeed at work.

Yes. If an employer has less than 50 employees and can demonstrate to the California Department of Industrial Relations that these requirements would impose an undue hardship or cause a serious disruption, then the employer will be granted an exemption to the rule. Even with the exemption, the employer must still make reasonable efforts to provide a room or location for pumping milk that is not a toilet stall.

Absolutely not. You have the right to take lactation breaks, and it is against the law for your employer to harass, discriminate, or retaliate against you for requesting or taking breaks.

If your employer refuses to provide you with a room to pump or with lactation breaks, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE), the California Department of Fair Employment and Housing (DFEH), and the U.S. Department of Labor (DOL).

If your employer harasses, discriminates, or retaliates against you, you can file a complaint with the DFEH or the U.S. Equal Employment Opportunity Commission (EEOC).

You can also contact us if you have any more questions or believe your rights have been violated.