Lactation breaks occur over the course of a day of work when a mother is given the opportunity to express breast milk for their infant child. No age has been set by the courts about the age of a child for this purpose, but by three years of age might be pushing a judge’s ability to be reasonable. Lactation breaks in California are addressed at section 1030 of the California Labor Code. Every employer in California is required to ‘”provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. A reasonable amount of time must be given for this purpose. If possible, lactation breaks should run concurrently with meal or rest breaks, but if the lactating employee needs more time, it must be given. That extra time is not required to be paid time though.
Statutory Exceptions
Two exceptions to section 1030 involve serious disruptions to the employer’s business and children three years of age or older. Serious disruptions would appear to require great difficulty to the employer in following section 1030. The age issue might cut off when the child reaches an age somewhere between 36 and 42 months oof age.
Where Would Lactation Breaks Be Taken?
A room for lactation breaks can’t be a washroom. Employers are expected to make reasonable efforts at providing a private location that is reasonably close to the employee’s work area. A toilet stall in an employee restroom wouldn’t be in compliance.
Lactation Break Discrimination
It’s against the law in California for women to be discriminated against by an employer for feeding their children with their own natural milk. Both state and federal laws could be invoked for this purpose. California labor law section 1033 calls for a fine is $100 per day for when an employee “is denied reasonable break time or adequate space to express milk” in violation of the section. Along with other damages, federal law even calls for court costs and attorney’s fees to be considered if the plaintiff prevails.
There are many advantages from a mother’s breast milk, and neither a mother nor her child should be denied those benefits. If you have issues with your employer about expressing breast milk, contact our law firm for a consultation with a dedicated and experienced employment law attorney.
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