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Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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Breast Feeding at Work

Breast Feeding at Work

The Law:

  • First, "expressing" breast milk at work is legally protected. Labor Code Section 1030, enacted in 2001
  • Section 1030 covers: "every employer" regardless of number of employees, and covers non-profits, religious, and government employers.
  • The Protection: Every employer must accommodate an employee "expressing breast milk" for the employee's infant child.
  • Scope: The accommodation "shall if possible run concurrently with any break time already provided".
    • in CA that is 10 minutes minimum for each 4 hour period of work, to be given roughly in the middle of the work period
    • if the breast milk expression break exceeds 10 minutes, the extra time is uncompensated.
  • Required Facilities: Labor C. 1031: Use of a room other than a toilet stall, "in close proximity to the employee's work area".
  • Remedies: Labor Commissioner can collect $100 per violation as a "civil penalty" OR under the new "Labor Code Private Attorneys General Act of 2004" the employee may hire an attorney to collect the penalty by judgment of the court, and may collect "reasonable attorney's fees" by award court as well. "Reasonable fees" if incurred in the "public good" could be far greater than the penalties assessed.
  • Can you collect state disability insurance payments because of the need or choice to breast feed?
    • No, unless you obtain a doctor's certificate stating that breast feeding induces disability to perform usual work tasks;
    • No, unless the breast milk is determined "essential to sustaining the life of the infant" and the mother is disabled "from an anxiety reaction" resulting from the necessity to lactate for the health of the child.
    • Source: Cal. Administrative Code, Title 22, Div. 1, Ch. 2, Article 1, Section 2626, operative since 1992.

What You Can Do

  • Practical Guidelines from WorldWit (the world's largest online networking organization for women in business) at www.worldwit.org :
    • Prepare your lactation tool kit for each day: a handheld or electric breast pump, extra bottles, breast shields, an ice pack, a bottle of water, a granola bar or apple for a snack, and a bag to carry everything.
    • Work out the logistics before returning to work from maternity leave: Talk with your boss and your H.R. representative, and let them know about Labor Code Section 1030, cited above. Practical questions to resolve: which room; use a "Do Not Disturb" sign on the door; Instructions for how to leave you a message during "break times"; and where to store expressed milk.
    • Share your news: Let co-workers understand why you are "disappearing" a few times a day. Coordinate this news through H.R.
    • Use Time Wisely: You may choose to multi-task by reviewing emails, make phone calls (speaker phone) or catch up on reading.
    • Slow is OK: Milk volume can be affected by conditions, external and emotional. The transition from work to lactation takes time.
    • Dress the Part: Dress in clothing that facilitates nursing. Invest in nursing attire.
    • Be Sensitive to Others: Some won't mind, and some may freak out. Be discreet. Accept limits, and that it's not your job to enlighten.
    • Find Support: Find a discussion group for breast-feeding mothers, including online groups (at home, off hours) for support.
    • Speak Up. If you're at work in a meeting, and need to express milk, excuse yourself, and manage the situation as allowed by law.

Conclusion

Our economy and our culture have encouraged women to pursue careers during their child-birthing years. Scientific studies show that human breast milk contains immunizing nutrients not available by other milks. Mothers are justified in seeking to collect and use this milk for the health of their children. This accommodation is not only required by law, but makes sense for companies seeking to recruit and keep qualified workers. Mothers already may bear the burden of being both moms and employees. This law eases that burden.
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