From Compliance to Compassion: Lactation Accommodation Best Practices

By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP

Under California’s Labor Code 1030-1033, all employers must reasonably accommodate an employee who needs to express breast milk during their workday for the employee’s infant child each time the employee has a need. 

Providing this accommodation might seem easy; however, there are a few specific details employers should be mindful of:

1. Break Time:
   1. Employees may request additional break time, in addition to and/or outside of their regular rest breaks and meal period, to express milk.
   2. Additional rest breaks may be unpaid, provided all employees who take additional rest breaks are not paid for the time.
2. Space: Employers must offer a private space other than a restroom for employees to express milk near the employee’s work area.
   1. The area employers provide must be safe, clean, and free of toxic or hazardous materials.
   2. The area must have a seat and a surface to place the breast pump and other personal items.
   3. The area must have electricity or alternative devices (such as extension cords or charging stations) allowing operation of an electric or battery-powered breast pump.
   4. The employee must have access to running water and a refrigerated space to store the expressed milk.
3. Duration of Accommodation: There is no set timeframe employers must reasonably accommodate employees.  In other words, employers must accommodate employees for as long as it is requested.  
4. Policy: Employers must have a compliant policy in their Handbook. This policy must be provided to employees requesting lactation accommodation and when employees request a Parental Leave (aka Baby Bonding Leave). When an employee requests a lactation accommodation, a Lactation Accommodation Request Form along with the policy, allowing the employee to outline their specific needs can be provided.

Employers should be aware of these legal requirements and be prepared to accommodate lactating workers.  The Department of Industrial Relations (DIR) has a webpage dedicated to questions and answers about lactation accommodation found here: https://www.dir.ca.gov/dlse/Lactation_Accommodation.htm that includes an undue hardship exemption with regard to the location provided for employers with fewer than 50 employees.

To promote a supportive workplace culture, HR professionals and managers should educate employees about lactation accommodation rights. This can include providing information in employee handbooks, offering training sessions, and maintaining open communication to address any concerns or questions.

Creating a lactation-supportive workplace strengthens both employee well-being and organizational success. If you have any questions, please reach out to your Silvers HR Consultant.