The American Academy of\nPediatrics recommends that infants be exclusively breastfed for the first six\nmonths of their lives. Per the last CDC Breastfeeding Report Card, only 57.6%\nare breastfed to this point and only 25% of them only receive breast milk. Many\ninfants are given solid foods earlier than recommended. Why? Many moms return\nto work long before their child reaches six months of age. You can go back to\nwork and still get to exclusively breastfeed by pumping your milk into bottles\nwhen you’re at work.<\/p>\n\n\n\n
Federal laws require\nemployers to provide nursing moms with a place to pump breast milk for one year\nafter the baby’s birth. That place must be in a private location that other\nemployees or visitors\/public guests cannot access. It cannot be a bathroom or a\nbathroom stall. In addition, nursing moms must be given time to express milk\nduring the workday. Those breaks must be paid if other employees are paid for\nsimilar breaks. There is an exception to the break time rule. If a small\nbusiness with fewer than 50 employees would face difficulty giving the nursing\nmom a break, they are exempt from parts of the lactation rules.<\/p>\n\n\n\n
Some states follow\nfederal laws. Others, like California, set their own lactation laws that build\nupon federal laws. It’s important to understand what California’s lactation\nlaws cover and what the changes made in 2020 mean to employees and their\nemployers.<\/p>\n\n\n\n
When Governor Newsom\nsigned SB 142 into law in October of 2019, it changed several aspects of the\ncurrent breastfeeding laws and penalties. The new rules came into effect on\nJanuary 1st. A written policy for breastfeeding mothers must be provided now.\nThe business must put policies in place for requesting lactation\naccommodations, how the supervisor\/management should respond to the request,\nand what an employee should do if her request is not met. This employment\nhandbook must be made available to new hires and when employees ask about\nparental leave. Here are some of the changes that the 2020 lactation law makes.<\/p>\n\n\n\n
One difference with the\nnew 2020 lactation laws in California is that there is no time limit. If a\nnursing mom is still pumping breast milk two years later, the company must\naccommodate her. While the federal rule covers a mom for one year, California\nhas no restriction in terms of time. If you’re breastfeeding your child still\nand need to pump, you can do so whether your child is a year, two years, three\nyears, or older than that.<\/p>\n\n\n\n
One of the rules\nenhanced what type of room can be used for breastfeeding. It can be temporarily\ndesignated as a lactation room, but it has to have a sink and refrigerator, and\nthe sink must have running water. The room has to be spacious enough to house a\ntable or desk that’s large enough for the mother’s personal items and breast\npump. It has to have a seat and power outlets and any extension cords that may\nbe necessary for an electric breast pump. If it is deemed that this room will\nbe temporarily used for lactation, it must be due to space limitations,\nfinancial reasons, or operational issues. It still has to be private and free\nof intrusions.<\/p>\n\n\n\n
Most importantly, the\nroom must be free of any hazardous materials and be kept clean. Hazardous\nmaterials include chemicals and cleaners, but it also includes substances that\nqualify as being carcinogens. This means that setting up a lactation area in a\njanitorial closet may not be acceptable. The room that’s chosen as a lactation\nroom cannot be accessed by others while in use. Setting up a nursing mom in a\ncopier or supply room that employees are in and out of all day may not be\nsuitable due to the need to access the supplies within.<\/p>\n\n\n\n
Employers could choose\nto have a break room used as a lactation room, but when a nursing mother needs\nto express milk, others must stay out until she’s finished. As per the federal\nlaws, a bathroom is not an allowable lactation room. Ideally, the room should\nbe near the mom’s workspace.<\/p>\n\n\n\n
In a company with less\nthan 50 employees, the new lactation regulations can be bypassed if an employer\ncan prove the change causes undue hardship. The important term here is \u201cundue\nhardship.\u201d It can be hard to argue this if you’re mistaking hardship for\ninconvenience. By definition, undue hardship is \u201can action requiring\nsignificant expense or difficulty.\u201d<\/p>\n\n\n\n
If you have to build an\nexpansion on your business, that may qualify as undue hardship. If you have two\nrooms used for breaks, one should be redesigned and used as a lactation room\nwhile the other becomes the only break room. That may be inconvenient, but it’s\nnot going to meet the definition of undue hardship. It is up to the employer to\ntry his or her hardest to come up with a room that meets the new requirements.<\/p>\n\n\n\n
If an employer violates\nthis and doesn’t allow a new mom space or time to express her milk, a warning\nmay be issued first. If the employer still fails to comply with the law change,\nthe fine is $100 per day plus any fines for not allowing rest or meal breaks.\nAny requests or denials that are made by a company must be recorded and kept on\nfile for three years from the date of the request.<\/p>\n\n\n\n
There is an alternative\nworth looking at if you rent space in a large building. If that small business\nis part of a multi-tenant building, different companies could work together and\ncreate one shared space for several of the employees to use as a lactation\nroom.<\/p>\n\n\n\n
Should an employer deny\na request unjustly, the nursing mother has the right to file a complaint. If an\nemployer refuses to set up a lactation space, refuses to allow her adequate breaks,\nor threatens action against her for asking for time\/space to express her milk,\nshe is entitled to file a complaint. The same protections regarding retaliation\napply to the mother. If an employer retaliates against her for filing a\ncomplaint, this is a violation of her rights and can lead to additional\npenalties and harassment lawsuits.<\/p>\n\n\n\n
If you’ve asked for\nspace to express your milk and have been denied, refer to your employee\nhandbook for instructions on what to do next. If you’ve met the requirements\nfor submitting your request and are still having issues, talk to whoever is\ndesignated as the person to contact. If there is no one or that person doesn’t\nrespond appropriately, seek legal advice. You should also talk to an employment\nattorney if you’re being harassed or discriminated against after making a\nrequest.<\/p>\n\n\n\n
Keep copies of all\ndenials or jot down verbal denials in a notebook. Note dates and times and give\ndetails about your request. Make sure you have a copy of your employee handbook\nand mark sections on the company’s lactation policy. It will be easier for an\nattorney to help you with the next steps to take if there is strong evidence\nthat your rights are being denied.<\/p>\n\n\n\n
Breastfeeding should be\na natural, loving act. It’s not something that you should be ashamed of at\nwork, and that’s the goal of the 2020 California lactation law changes. If you\nare concerned that your rights to a private, equipped space for expressing your\nmilk are being violated, call Shegerian Conniff LLP. Our attorneys excel at\nemployment law and making sure your rights as a nursing mother are not\nviolated. Consultations are free and available when it’s convenient for you.\nCall us to learn more.<\/p>\n","protected":false},"excerpt":{"rendered":"
The American Academy of Pediatrics recommends that infants be exclusively breastfed for the first six months of their lives. Per the last CDC Breastfeeding Report Card, only 57.6% are breastfed to this point and only 25% of them only receive … Continue reading