breastfeeding Archives - UELG https://www.california-labor-law-attorney.com/tag/breastfeeding/ California Labor Law Attorney Fri, 21 Feb 2020 19:54:30 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg breastfeeding Archives - UELG https://www.california-labor-law-attorney.com/tag/breastfeeding/ 32 32 Lactation Accommodation in California https://www.california-labor-law-attorney.com/lactation-accommodation-california/ Mon, 27 Feb 2017 17:16:44 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1360 After your pregnancy leave, you will likely to be breastfeeding your baby. There are several changes which can come up […]

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After your pregnancy leave, you will likely to be breastfeeding your baby. There are several changes which can come up in your life being a working mom. But, you are in luck if you work in the state of California because there are laws which protect you against any harassment if you wish to breastfeed your baby after you return to work. The laws require employers to offer you breaks where you can breastfeed your baby comfortably.

Lactation Breaks under Federal Law

Under the federal Affordable Care Act, the federal laws were amended to allow mothers access lactation breaks. The law also touched on the wage and hours of work. The laws require employers to offer the mothers reasonable unpaid breaks for them to express milk for their babies. It also requires the companies to provide the lactation mothers a private room apart from bathrooms where they can enjoy privacy and express milk for their babies for up to one year after giving birth. The California law on the lactation mother is very broad. It covers different sections.

Lactation Breaks under California Law

In 1998, the legislators in California passed laws requiring all employers to provide private spaces where mothers can express milk for their mothers. In 2002, the state enacted labor code which made it mandatory for all employers to provide lactation rooms and offer employees enough time to express milk for their mothers.

Covered Employers

Unlike laws such as accommodation for disabled which cover employees over a certain number, the lactation accommodation law covers employees of all types. Even if you have few employees, the law requires you to provide them with the lactation rooms and the necessary breaks for them to breastfeed after giving birth.

Breast Feeding Versus Expressing Breast Milk

The law requires all employers in California to provide rooms where mothers can express milk. The law does not require all employers to provide private breastfeeding rooms at work, but, if an employer chooses to provide breastfeeding places at work, the employer should provide a private place for the mothers to breastfeed their babies.

Amount of Break Time

The law requires the employer to offer reasonable time. They can provide the breaks along regular breaks at work and other additional unpaid breaks. There is no limit on the period a mother can ask for the break.

Location

The employer should provide a private room near the work space for the employee.

Employer Exception

If the breaks cause reasonable disruption, the business can be exempted from the breaks.

Penalties for Failure to Accommodate

The state labor commissioner can penalize uncooperative employer $100 per break denied.

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Breastfeeding in the Workplace https://www.california-labor-law-attorney.com/breastfeeding-in-the-workplace-2/ Mon, 29 Jun 2015 18:40:46 +0000 https://www.california-labor-law-attorney.com/?p=1108 If you live in California, then you should not be stressed on how you will be able to breastfeed your […]

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If you live in California, then you should not be stressed on how you will be able to breastfeed your baby after the pregnancy leave. Just like other states, the state of California allows breastfeeding in the workplace. The laws in California require employers to provide breastfeeding breaks. This makes it easy for you to continue breastfeeding your baby even after the pregnancy break.

Lactation Breaks under Federal Law

Under Obama act in 2010, the federal laws where amended to allow breastfeeding in workplaces. The law requires employers to offer lactating mother’s reasonable breaks for them to express breast milk. The law requires the employers to offer unpaid leaves up to one year so that new mothers can breastfeed their babies. If the employer has more than 50 employees, he will be required to have a private space which is not in the bathroom. The place should be private enough for the employees to easily breastfeed their babies.

Lactation Breaks under California Law

In 1998, the legislators in California passed laws which allow employers to provide breastfeeding breaks. The law in California makes it mandatory for employers to provide facilities where the employees will express milk and nurse their babies. The employees are required to provide breaks for the purpose of breastfeeding as well as providing accommodation facilities for the nursing mothers.

Covered Employers

Unlike workplace laws which require employers to offer accommodation facilities to the disabled in workplaces, where only employers who have more than a given number for workforce are required. The law on lactation does not discriminate. The employers are supposed to offer the break irrespective of eh size of the firm.

Breast Feeding Versus Expressing Breast Milk

The law in California offers lactation mothers the right to express milk for their babies. The law does not allow the mothers to breastfeed their babies during work hours. If the employer provides onsite childcare facility, then the employee can access opportunity to breastfeed during breaks.

Amount of Break Time

The employers are required to give a reasonable amount of time to employees so that they can express milk. The breaks should be taken during usual breaks and milk time. There is also an allowance for employees to take unpaid breastfeeding breaks.

Location

The location of the lactation facilities should be close to the employees work area. It should not be a toilet stall, but a private space where the employees can easily express milk.

Employer Exception

If the breaks will really inconvenience the employer, then the breaks will not be allowed.

Penalties for Failure to Accommodate

The state labor commission can fine the employer $100 for each violation of the law.


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