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Employment Law News

YOUR RIGHT TO LACTATE

Posted by Samuel A. Wong | Sep 08, 2014 | 0 Comments

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Mothers who want to breastfeed and still return to work can face difficulties, including simply finding a time and place to express breast milk when they are not with their babies.

In California, a specific law provides for “Lactation Accommodation” –what an employer is required to do so a breastfeeding employee can do what she needs to while at work.

The law requires employers to:

  • Provide a reasonable amount of break time so that an employee can express milk.  As many mothers know, it can take fifteen or twenty minutes to “pump,” and a standard 10-minute rest break might not be enough.
  • Provide a place for the employee to express milk near her work station – and not in a toilet stall.
  • Make arrangements to ensure the room or place is private, such as putting up blinds or window coverings or adding a lock to normally unlocked doors.

If an employer fails to live up to its obligations, it can be cited by the State Labor Commissioner and fined.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...

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