Let’s briefly discuss lactation breaks—a topic that many mothers returning to work after maternity leave often wonder about.
Lactation Breaks
Under California labor law, employers are required to provide reasonable break time to accommodate employees who need to express breast milk for their infant child. Whenever possible, these lactation breaks should coincide with the employee’s existing rest breaks. If they do not, the employer is not obligated to provide separate paid compensation for the additional time used for lactation.
Employers must also make reasonable efforts to provide a private space, close to the employee’s work area, where the employee can express milk. Importantly, this space may not be a restroom.
If providing a lactation break would cause undue disruption to business operations, an employer may be exempt from the requirement. However, the burden of proving such severe business disruption is high, so in practice, lactation breaks are generally considered mandatory.
An employer who fails to provide lactation breaks may be fined $100 for each violation.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
