Time: Allow employees sufficient break time to pump, or provide flexible work hours.

Space: Have available comfortable, clean and private space for expression and storing breastmilk or provide nearby or on-site child care so that employees can breastfeed on break and lunch.

Support: Develop "mother-friendly" workplace policies, improve attitudes towards breastfeeding by educating workers and management about the benefits of breastfeeding.

Lactation Accommodation Law (Assembly Bill 1025) - Legal Requirements

SECTION 1. Chapter 3.8 (commencing with Section 1030) is added to Part 3 of Division 2 of the Labor Code, to read:

CHAPTER 3.8 LACTATION ACCOMMODATION

1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.

1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.

1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.

1033. (a) An employer who violates any provision of this chapter shall be subject to civil penalty in the amount of one hundred dollars ($100) for each violation.

(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.

(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

SEC. 2. No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commending with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.

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