Rights for Breastfeeding Mothers

Research overwhelmingly demonstrates that breast milk is the healthiest option for babies. Beyond the many benefits for babies, expressing breast milk is also necessary for the mother’s well-being. Breastfeeding and pumping reduce the risk of pre-menopausal breast cancer and osteoporosis. By not pumping when necessary, milk tends to leak from the breasts, causing inconvenience and embarrassment, especially in a workplace setting.

Additionally, lactating moms may experience painful engorgement of the breasts if milk isn’t regularly expressed. Over time, this can lead to clogged milk ducts, mastitis, and even infections.

Despite these facts, employers have historically infringed upon the rights of breastfeeding mothers. After decades of discrimination, employers were mandated to make special provisions for lactating mothers after a 2010 amendment to the Fair Labor Standards Act (FLSA). Under this law, businesses with 50 or more employees must provide time to mothers to pump breast milk for their nursing babies until they turn one year old. Companies must also provide a private area other than the restroom for mothers to pump.

In addition to federal law, mothers in California are protected by additional provisions found in state-specific legislation.

California’s breastfeeding laws far exceed the basic provisions of the FLSA. The Golden State’s progressive legislation makes it mandatory for airports to provide lactation spaces and accommodate breastfeeding inmates in county jails.

In the workplace, Californian mothers also enjoy more entitlements than their counterparts in other states. Notably, California’s breastfeeding laws apply to all employees, while the FLSA only offers protection for hourly employees.

Federal law makes it easy for employers to implement unhelpful or inconvenient lactation spaces, but California’s labor laws hold employers to higher standards.

Additional provisions under California law include the following specifications for workplace lactation spaces:

• Must be close to where breastfeeding employees are stationed
• Must provide a place for employees to sit
• Must provide a surface for placing the pump
• Must be located near to running water
• Must provide electrical outlets
• Refrigerators must be nearby for storage of pumped breast milk

Californian law also mandates employers to implement a lactation policy that must be shared with employees. The policy must be included in an employee handbook and provided to employees from their first day on the job. This allows employees to be aware of their rights.

Your employer violates federal law if they deny your right to express your breast milk at work. Californian state laws are violated when employers fail to meet the additional requirements imposed by CA laws. For example, if the lactation space does not meet certain specifications or the employer does not implement and share a lactation policy.

Before taking any legal action, you should always try to handle the situation internally by speaking with HR or your supervisor. Bring the laws to your employer’s attention and let them know that they are in breach. Ask them for a time frame for becoming compliant. This should be done in writing, and you should retain copies of the conversation.

If they refuse to comply, your next step is to seek guidance from an experienced employee rights attorney.

The U.S. Department of Labor’s Wage and Hour Division (WHD) investigates complaints from workers who have been denied their rights. Once you initiate a claim, a WHD officer will go on a fact-finding mission to investigate your claim. They might make phone calls, but they could also visit your workplace to interview relevant parties, including supervisors, managers, and coworkers. If the investigator finds your claim has merit, they will meet with the appropriate personnel at your workplace and get them to commit to changing their practices.