Your Rights Under California’s Breastfeeding in the Workplace Policy Laws

Returning to work after having a baby is hard enough. But when you’re breastfeeding, it adds another layer of stress—especially if you’re not sure whether your employer will support your needs. The good news is that California law is on your side.

Whether you need time to pump during your workday, a clean and private space to do it, or reassurance that asking for lactation accommodations won’t get you penalized, the state offers some of the strongest workplace protections for breastfeeding employees in the country.

California’s Legal Framework for Lactation Accommodation

California’s core protections are in Labor Code Sections 1030-1034:

• § 1030: Employers must provide a reasonable amount of break time each time you need to express milk
• § 1031: Employers must provide a private location (not a bathroom), close to your work area, shielded from view and free from intrusion, that is safe/clean and free of hazardous materials
• § 1032: An employer need not provide breaks only if doing so would seriously disrupt operations (a narrow exception).
• § 1033: Remedies and enforcement—denial of required breaks or space is a § 226.7 violation (one hour of premium pay per workday missed) and the Labor Commissioner may assess $100 per day in civil penalties; anti-retaliation applies.
• § 1034: Employers must have a written lactation policy.

These state protections complement federal laws, including the PUMP Act (Providing Urgent Maternal Protections), which expanded federal lactation accommodation requirements in 2022.

Required Break Time for Expressing Milk

Under California law, employers must provide reasonable break time for an employee to express breast milk for their infant child. Key provisions include:

• Employers must provide break time each time an employee needs to express milk
• Break time should, if possible, run concurrently with the already provided break time
• If additional time is needed beyond regular breaks, this time may be unpaid
• The law does not specify a time limit – you may take the time you reasonably need
• You may take breaks as frequently as needed to express milk
• Employers can only deny lactation breaks if doing so would “seriously disrupt operations,” – a high standard that is rarely met

Unlike federal law, California does not limit these protections based on the age of the child, meaning you can continue expressing milk at work for as long as needed, regardless of your child’s age.

Are Lactation Breaks Paid?

Whether your lactation breaks are paid depends on how they align with your regular breaks:

• Break time that runs concurrently with your regular paid breaks remains paid time
• Additional time beyond your regular breaks may be unpaid
• If you typically receive a 15-minute paid break but need 25 minutes to express milk, your employer does not need to pay you for the additional 10 minutes

Important exception: reasonable travel time to and from the lactation space is not considered break time and should be paid

If your workplace allows employees to take coffee breaks or smoke breaks without clocking out, the same policy must apply to lactation breaks—they must be treated equally.

Required Lactation Space Standards

California law sets clear standards for the spaces employers must provide for lactation:

• Location: Must be private and in close proximity to your work area
• Not a bathroom: Employers cannot designate a bathroom as a lactation space
• Privacy requirements: The space must be shielded from view and free from intrusion
• Basic amenities: Must include:
  • A surface to place a breast pump and personal items
  • A place to sit
  • Access to electricity or alternative devices (extension cords, charging stations)
  • Access to a sink with running water nearby
  • Access to a refrigerator suitable for storing milk nearby

The law also requires that the space be safe, clean, and free from hazardous materials as defined in Labor Code Section 6382.

Employer Policy Requirements

California employers must develop and implement a formal lactation accommodation policy that:

• Is included in the employee handbook or policies provided to employees
• Is distributed to new employees upon hire
• Is provided when employees make inquiries about or request parental leave
• Includes a process for requesting lactation accommodation
• Describes how the employer will respond to such requests
• States that retaliation for requesting accommodation is prohibited

Employers with fewer than 50 employees may claim an exemption from some requirements if they can demonstrate undue hardship, but they must still make reasonable efforts to provide accommodation.

Employee Rights When Requesting Accommodation

When you need lactation accommodation at work, you have several important rights:

• Right to request without documentation: Your employer cannot require you to provide a doctor’s note or other medical documentation of your need to express milk.
• Right to reasonable accommodation: Your employer must respond to your request and provide reasonable accommodation based on your needs.
• Protection from retaliation: Employers are prohibited from discharging or discriminating against employees for exercising or attempting to exercise their lactation accommodation rights.
• Right to equal treatment: Lactation breaks must be handled in the same way as other comparable breaks at your workplace. If employees are allowed coffee breaks without clocking out, you must also be allowed to pump without clocking out.
• No time limit on accommodation: You have the right to continue expressing milk at work for as many years as you need. Unlike federal law, California does not limit lactation accommodation according to the age of the child.

These rights ensure that your decision to breastfeed won’t negatively impact your employment.

How to Discuss Lactation Accommodation with Your Employer

Initiating the conversation about lactation accommodation can feel intimidating, but a proactive approach typically yields the best results:

• Start early: Ideally, discuss your needs before returning from parental leave to give your employer time to prepare appropriate space and accommodations.
• Request the policy: Ask to see your employer’s written lactation policy, which is legally required. Review it to understand your specific workplace’s procedures.
• Be specific about your needs: Clearly communicate:
  • Approximately how many breaks you’ll need
  • Roughly how long each break will take
  • Any specific needs regarding the lactation space
• Inspect the space beforehand: If possible, visit the designated lactation space before your return to ensure it meets legal requirements and your personal needs.
• Frame the conversation constructively: When discussing your needs, emphasize that accommodations will help you remain productive and committed to your work.

For example: “It’s important to me to be both a good employee and a good parent. Having appropriate accommodations will allow me to focus on my work while maintaining my breastfeeding relationship with my child.”

Document the agreement: Once arrangements are made, confirm them in writing (email is fine) to avoid misunderstandings.

Clear communication from the beginning helps establish a supportive environment for your return to work.

Enforcement and Remedies for Violations

If your employer fails to provide adequate lactation accommodation, you have several options:

• Wage claim: You can file a wage claim with the Labor Commissioner to recover one hour of premium pay at your regular rate for each violation.
• Labor Commissioner complaint: You can file a report with the Bureau of Field Enforcement, which may issue civil citations of $100 for each day you were denied adequate break time or space.
• Retaliation claim: If you experience retaliation for asserting your lactation accommodation rights, you can file a retaliation complaint under Labor Code Section 98.7.
• Civil Rights complaint: You can file a complaint with the California Civil Rights Department for discrimination related to pregnancy or related conditions.
• Federal complaint: File a complaint with the U.S. Department of Labor under the PUMP Act.
• Direct lawsuit: As of 2022, the federal PUMP Act allows you to sue your employer directly in certain circumstances without first filing an administrative complaint.

The Labor Commissioner’s Office handles investigations related to these complaints.

Frequently Asked Questions

How often can I take lactation breaks during the workday?

You can take breaks as frequently as needed to express milk. Most lactating employees require 2-3 breaks during an 8-hour shift to maintain their milk supply.

Can my employer designate a multi-purpose room for lactation?

Yes, but only if the room is available when needed for lactation and meets all other requirements (privacy, amenities, etc.). The primary function of the room, when you need it, must be as a lactation space.

Can my employer count my lactation break time toward my production quotas or metrics?

No. Your performance metrics should be adjusted to account for break time needed for lactation. Penalizing you for taking legally protected breaks could constitute discrimination or retaliation.

Am I entitled to breaks if I pump exclusively and don’t directly breastfeed my baby?

Yes. The law protects your right to express milk regardless of how you choose to feed your baby. The legal protections apply to pumping breast milk, not just to those who directly breastfeed.

Protecting Your Right to Breastfeed While Working

If you’re facing challenges with lactation accommodation at your workplace, know that you have strong legal protections and the right to assert them without fear of retaliation. Standing up for your rights not only benefits you and your child but also helps establish better practices for all working parents.

At TONG LAW, we represent California employees who have been denied their workplace lactation accommodation rights. If your employer is not providing adequate break time or appropriate facilities for expressing milk, or if you’ve faced retaliation for asserting these rights, contact us to discuss your situation and legal options.

This blog post provides general information for educational purposes only and should not be construed as legal advice. Every employment situation is unique. Please contact an attorney for advice specific to your circumstances.