Can an employer make you clock out to pump?
Since 2010, the federal “Break Time for Nursing Mothers” law has helped make breastfeeding and working possible for more moms across the country. The law requires employers to provide break time and a private place for hourly paid employees to pump breast milk during the work day.
What is the federal law on breastfeeding?
Federal law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk (Section 7 of the FLSA).
How long is lactation break?
10028 or the Expanded Breastfeeding Promotion Act of 2009, both private companies and government agencies, are required to provide lactation breaks, which should not be less than a total of 40 minutes for every eight-hour working period.
Is lactation a disability?
According to the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADA, lactation is a pregnancy-related condition but uncomplicated pregnancy and lactation are not disabilities covered by the ADA.
How to file a complaint about lactation accommodation?
Health Facilities File a Complaint California Health Facilities Information Database Administrative Boards and Advisory Committees Forms Jobs and Careers Local Health Services/Offices Public Records Act Request Proposed Regulations Briefings Stakeholder Brief I am a Clinician / Healthcare Provider Legislator / Legislative Staff Media Representative
What is the breastfeeding policy in the workplace?
[AGENCY] recognizes the importance of breastfeeding and supports the accommodation of mothers who choose to continue breastfeeding, nursing or expressing milk after their return to work. This policy shall be communicated to all current employees and included in the new employee orientation. Notification
What do employers need to know about breast milk?
Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
What’s the law about break time for breast milk?
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.
How to file a wage claim for lactation accommodation?
If you feel your employer is not providing you with adequate break time and/or a place to express milk as provided for in Labor Code section 1030, you may file a wage claim to recover one hour of premium pay at the employee’s regular rate of pay for each violation. See https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm .
What happens if you violate lactation accommodation laws?
Additionally, an employee may report a violation of the lactation accommodations laws with the Labor Commissioner’s Bureau of Field Enforcement (BOFE), and after an inspection or investigation, BOFE may issue a citation for one hundred dollars ($100) for each day an employee is denied reasonable break time or adequate space to express milk. 1.
Do you have to pay for lactation time?
No. While the employer must allow an employee to leave the work area to pump, the employer does not have to pay for pumping time, beyond the standard break time. 3. Can my employer demand a doctor’s note or other medical documentation?
Do you have to provide break time for lactation?
The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section. An employer is not required to provide an employee break time for purposes of lactating if to do so would seriously disrupt the operations of the employer.