Breast Pumping Laws California

1257.9. (a) (1) The Ministry shall recommend training for general acute care hospitals as defined in section 1250 (a) and for special hospitals as defined in section 1250 (f) to improve breastfeeding rates among mothers and infants. This recommended training should be designed for general acute care hospitals that offer maternity care and have patient-exclusive breastfeeding rates in the lowest 25 percent, according to data released annually by the State Department of Public Health when ranked from highest to lowest rates. The proposed training includes at least eight hours of training for relevant administrative and managerial staff on hospital policy and recommendations to promote exclusive breastfeeding. Hospitals that meet the minimum criteria for exclusive breastfeeding rates prescribed in the most recent U.S. Department of Health and Human Services Healthy Persons Guidelines are excluded from the training requirements recommended in this paragraph. As a general rule, an employee cannot use pregnancy leave to breastfeed. However, if the employee has medical complications related to breastfeeding, she may have the right to use maternity leave for breastfeeding-related purposes.40 California also has the Hospital Infant Feeding Act, which requires all general acute care hospitals and hospitals with perinatal units to have an infant feeding policy that provides information about breastfeeding. Page 4 (5) Provide a reasonable break and use a room or other place in the immediate vicinity of the worker`s work area to express breast milk privately, as set out in sections 1030 et seq. of the Labour Code. A breastfeeding break is a time of the working day during which breastfeeding mothers express breast milk (i.e. a break to pump).

State and federal laws require California employers to offer breastfeeding breaks.3 Breastfeeding offers significant benefits to mothers and their children.1 In fact, it is recommended by the World Health Organization and UNICEF.2 But how should working mothers manage their child`s breastfeeding? (r) (1) The term „sex“ includes, but is not limited to, the following: (A) pregnancy or medical conditions related to pregnancy. (B) Birth or medical conditions related to birth. (C) Breastfeeding or breastfeeding-related diseases. 29 U.S.C. 207(r)(1)(B) [An employer shall provide a place that is not a bathroom, that is protected from view and free of intruders from employees and the public that may be used by an employee to express breast milk.“] ↥ (2) Include a surface for placing a breast pump and personal belongings. For these purposes, sex is defined as including breastfeeding or conditions associated with breastfeeding.26 Therefore, employers with five or more employees are prohibited from discriminating against female workers for breastfeeding reasons.27 A „breastfeeding break“ is a period during the working day when breastfeeding mothers express breast milk to their infants on the construction site. Breaks are sometimes called „pump breaks,“ and the act can be called „pumping at work.“ Labour Code, § 1030 [„Any employer, including the State and any political subdivision, shall provide sufficient time for a break to accommodate an employee who wishes to express breast milk for the employee`s infant“]; 29 U.S.C. § 207(r) [„An employer shall – (A) provide a reasonable amount of time for an employee to express breast milk for her nursing child.“]. ↥ Each district prison is required to develop and implement a breastfeeding policy for inmates who have been detained in a district prison or sentenced to a district prison.

Read the law: CA AB 2507 Studies suggest that breastfeeding has many benefits. For mothers, breastfeeding provides a valuable opportunity to communicate with their newborn. There are many benefits to the health and development of children, including: (c) All general acute care hospitals and specialized hospitals as defined in paragraphs (a) and (f) of article 1250 that have a perinatal unit must have an infant feeding policy. The Child Nutrition Policy encourages breastfeeding using the guidelines of the Baby-Friendly Hospital Initiative or the State Department of Public Health`s model hospital policy recommendations. Infant feeding policy may include guidelines on infant formula supplementation or bottle feeding if the mother prefers it or if exclusive breastfeeding is contraindicated for the mother or child. It`s clear that violating California laws that protect breastfeeding mothers can be costly. For employers, it is generally best to play it safe and accommodate breastfeeding mothers as much as possible. Similarly, employers are prohibited from harassing women for breastfeeding.28 Protection against harassment in the workplace is more comprehensive than protection against discrimination – it applies regardless of the size of the employer,29 and covers women who are not technically employed.30 1030. Every employer, including the state and any political subdivision, must provide sufficient time to accommodate an employee who wants to express breast milk for the employee`s toddler whenever the employee needs to express milk. If possible, the break time runs at the same time as the break time already made available to the employee. The break time of an employee who does not run at the same time as the rest period to which he is entitled under the applicable wage regulations of the Industrial Welfare Commission is not paid. Employers are required to make reasonable efforts to provide employees with a private space to express breast milk.

The area must be close to the employee`s work area and must not be a washroom.10 If new mothers want to express breast milk at work, they must inform their employer. It is usually a good idea to ask the question in writing, using respectful but concise language. It should also be noted that California courts have not directly addressed the overlap between the right to breastfeed in public and the right to take breastfeeding breaks. Although the law seems to suggest that direct breastfeeding is a right for mothers who have their children at work, this is not entirely clear. Similarly, if the employer discriminates against an employee who is breastfeeding, she may be held liable for significant damages. Such damages may include: Gov. Code, § 12926, subd. (r) (1) (C) [The term „gender“ includes, but is not limited to, the following:.

Breastfeeding or breastfeeding-related diseases.“]. ↥ Many working mothers are entitled to legally benefit from certain periods of unpaid leave. In the context of pregnancy and breastfeeding, the two main types of vacation are: (1) Access to a private and safe room that is not a toilet to express breast milk or breastfeed a toddler. The room must have a comfortable seat and a table or shelf to place the equipment described in subsection (3). (b) A nursing student on a school campus must have a reasonable period of time to meet her needs for breast milk or breastfeeding of an infant. (c) the consultation is made available during the hospital stay associated with the delivery or, failing that, the hospital shall provide the mother with information on where she can obtain information on breastfeeding; See also Appropriate Break Time for Breastfeeding Mothers, 75 Fed.Reg. 80073, 80078 (21 December 2010) [„Where an employer treats workers who take breaks to express breast milk differently from workers who take breaks for other personal reasons, the caregiver may be entitled to different treatment under Title VII.“] ↥ California`s protection of silence surpasses that of other states. State law not only protects a mother`s right to breastfeed in public, but also requires public airports to provide breastfeeding rooms, county jails to implement breastfeeding policies for breastfeeding inmates, and some hospitals to encourage breastfeeding. The Golden State`s laws on breastfeeding accommodation in the workplace are better than most and exceed the requirements of the Federal Fair Labor Standards Act (FSL) because they cover all female employees. Note that the law prohibits not only discrimination with regard to breastfeeding, but also: The duration of the breastfeeding break must be a reasonable period of time to express breast milk.5 This somewhat vague standard usually means that there are no strict deadlines.

In 2018, California passed a law requiring California community colleges and the California State University system to provide a private lactation room for breastfeeding students. Read the law: AB 2785 (e) When building a new California Community Colleges or California State University campus, replacement, expansion or renovation costs five million dollars ($5,000,000) or more, including plumbing for an existing building regularly used by students, including a student center, or the construction of a new building, which costs five million dollars ($5,000,000) or more and is designed to be used by students. In addition to the accommodations described in paragraph (a), the educational institution concerned will provide a washbasin in a room on the campus or newly constructed building or in a room of the replaced, expanded or renovated building. This subdivision only applies to an educational institution if the campus space currently intended for a breastfeeding student to express breast milk or breastfeed an infant does not have a sink. (4) have access to electricity or replacement equipment, including, but not limited to, extension cords or charging points necessary for the operation of an electric or battery-powered breast pump.