50479. (a) Not later than January 1, 2016, the operator of an airport operated by a city, county, city and county or airport district with more than one million aircraft per year shall make available to the public a room or other place in each terminal of the airport located behind the security control area of the airport; to express breast milk privately, which meets the following two conditions: If you attend a school in the University of California system, the law “encourages” your school to provide lactation accommodation, but does not require it. That said, many UC schools have adopted lactation guidelines for female students, most of which can be found online. If you are attending a private college or university, the law does not explicitly require your college or university to provide you with a lactation room. However, the law requires the school to provide its staff with a lactation room so that you can request access to the staff`s lactation room. If the employee takes her breastfeeding breaks at times other than normal rest or meal breaks, the employer is not required to pay the employee during the breastfeeding break.13 Cal. Code of Regs., Tit. 2, § 11035, Subd. (d) [“In general, breastfeeding without medical complications is not a disabling condition requiring maternity leave, although it may require a transfer to a less strenuous or dangerous position or other reasonable precautions.”].
Now, California has gone much further and joined San Francisco in adopting a detailed list of requirements that employers need to monitor when it comes to lactation shelters. Governor Brown vetoed a very similar law last year. But by signing Senate Bill 142 (introduced by Senator Scott Weiner), Governor Newsom ensured that several important changes to existing constitutional law would soon come into effect. Here is a summary of the upcoming requirements. Employers are prohibited by law from retaliating against workers who request a break from breastfeeding.14 This means that an employee cannot be punished, dismissed or treated unfairly if she exercises her right to a breastfeeding break. The lactation room should be a clean, private space that is not a bathroom. The room should have a door that can be locked, a place to sit, a flat surface, and an outlet to connect an electric pump. The room must be accessible to people with disabilities, including wheelchair users. If the designated room is also used as a break room for employees, as an employer`s office, or for any other purpose, the room must remain completely private for the time it is used for lactation purposes. In contrast, maternity leave is only available to women who have been hindered in any way by pregnancy or childbirth.38 In general, breastfeeding is not an obstructive condition for these purposes.39 Revised pregnancy rules Significant changes related to breastfeeding: 1031. (a) An employer shall make available to an employee the use of a room or other place where he or she can express milk privately. The room or location may include the place where the employee normally works if he or she otherwise meets the requirements of this section.
If your employer refuses to provide you with a pumping room or lactation breaks, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE), the California Department of Fair Employment and Housing (DFEH), and the U.S. Department of Labor (DOL). If your employer harasses, discriminates against you, or retaliates against you, you can file a complaint with DFEH or the U.S. Equal Employment Opportunity Commission (EEOC). You can also contact us if you have any further questions or if you believe that your rights have been violated. The airport must have one lactation room per terminal, which is located after security. For example, LAX has nine terminals and should therefore have at least nine lactation rooms, with at least one lactation room in each terminal. (f) This section does not require that an existing room intended for a breastfeeding student expresses breast milk or breastfeeds an infant have a sink. (1) A statement of a worker`s right to apply for lactating housing. Protections for breastfeeding mothers in California have been significantly expanded under a law signed by Gov.
Gavin Newsom in October. Senate Bill 142 clarifies employers` obligations to provide safe breaks and private spaces with specific accommodations. The bill increases penalties for non-compliance and requires employers to implement a written breastfeeding accommodation policy as of January 1, 2020. The California Department of Fair Employment and Housing (DFEH) enforces pregnancy regulations, which have been revised to include breastfeeding as “another related condition.” The regulation will enter into force on 30 December 2012.