Balancing the demands of work and motherhood can be challenging for new mothers who need time and privacy to express breast milk during the workday. In California, employees have strong legal protections that require employers to provide both break time and a private space for lactation. Here’s what employees should know about their rights and their employer’s obligations under state and federal law.
Lactation Break Requirements Under California Law
Under California Labor Code §1030, employers must provide reasonable break time for employees to express breast milk for their infant child. Break time should align, where possible, with the employee’s existing rest or meal breaks. If an employee needs additional time beyond the standard break periods, the employer must allow it. However, that extra time does not have to be paid unless the employee continues working during the break.
California law recognizes that every mother’s needs are different, and expressing milk is not a one-size-fits-all process. The frequency and length of lactation breaks depend on each individual’s circumstances, including the infant’s feeding schedule and the mother’s body.
Employers Must Provide a Designated Lactation Space
In addition to providing break time, employers are required to offer a private and appropriate space for lactation. Under California Labor Code §1031, the space must meet the following requirements:
- Private and Secure – The space cannot be a bathroom and it must be shielded from view and free from intrusion while the employee is expressing milk.
- Clean and Safe – The area must be sanitary, have a place to sit, and include a flat surface (other than the floor) to place a breast pump and personal items.
- Power and Proximity – The room should have access to electricity or alternative devices (like extension cords or batteries) for operating a breast pump. It should also be close to the employee’s workspace.
- Access to Water and Storage – Employees must have access to a sink with running water and a refrigerator (or other cooling device) suitable for storing expressed milk.
Employers with limited space may use a multipurpose room, but it must be available exclusively for lactation when needed.
Any failure to provide proper lactation breaks and space can violate California Labor Code §1033 and the employer could be served a civil penalty of $100 for each day the violation persists.
Federal Protections Under the PUMP Act
In addition to California’s strong protections, the federal Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, enacted in 2023, expanded lactation rights under the Fair Labor Standards Act (FLSA).
Federal law requires most employers to provide reasonable break time and a private, non-bathroom space for lactation for up to one year after childbirth. California law offers even stronger protections, and when both laws apply, employees are entitled to whichever standard provides the greater benefit.
Employer Size and Undue Hardship
Some smaller employers may argue that providing a private lactation space creates an undue hardship. However, under California law, the defense could be very limited.
To claim undue hardship, an employer must prove that compliance would cause significant difficulty or expense in relation to the size, financial resources, or nature of the business. Even then, employers must still make reasonable efforts to accommodate lactation needs.
Retaliation Is Strictly Prohibited
It is unlawful for an employer to retaliate against an employee for exercising their lactation rights. Retaliation can include termination, demotion, harassment, or any other form of discrimination. Employees who experience retaliation may file a complaint with the California Labor Commissioner’s Office, or pursue a claim through an employment law attorney.
How Employees Can Enforce Their Rights?
If an employer refuses to provide adequate lactation breaks or space, affected employees have several options:
- Document the violations, keep records of requests, denials, and any communications.
- Contact the California Labor Commissioner (DLSE) to file a complaint.
- Consult an employment lawyer to explore legal remedies, including compensation for missed breaks or damages for retaliation.
How Employment Attorneys Protect Lactation Rights
If an employer has denied employees the proper lactation breaks or space, contact Lawyers for Justice, P.C. today for a free consultation. With decades of experience representing employees across California, the attorneys at Lawyers for Justice, P.C. will review an employee’s situation, explain their rights under California law, and help take the next steps toward justice.
Fill out the online contact form for a free consultation.