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Breast Feeding at Work? California

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  • Breast Feeding at Work? California

    Hello everyone,

    I got stumped on this one... We have accommodations for women who pump breastmilk at work. One is doing that currently and it's working well. HOWEVER, one of our part-time employees came to work at an off-site Catering event and reported for her less than 6 hour shift. She promptly told the supervisor that in about an hour, her husband would be bringing the baby to her, and she would need to breast feed the baby in her car. She stated her baby will not eat from a bottle even pumped breastmilk. She was gone from her duties for a better part of an hour... How do I handle this? Can I dock her pay for the time she was gone? Are we allowed to tell her she will not be able to feed her baby during her shift?

  • #2
    Any breaks over 20 minutes do not need to be paid.


    • #3
      breastfeeding - Ca. & federal law:

      (Cal. Lab. Code §1030, 1031, 1032)
      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. 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. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.

      Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
      207) is amended by adding at the end the following:
      ‘‘(r)(1) An employer shall provide—

      ‘‘(A) a reasonable break time for an employee to express
      breast milk for her nursing child for 1 year after the child’s
      birth each time such employee has need to express the milk;
      ‘‘(B) 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.
      ‘‘(2) An employer shall not be required to compensate an
      employee receiving reasonable break time under paragraph (1) for
      any work time spent for such purpose.
      ‘‘(3) An employer that employs less than 50 employees shall
      not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer
      significant difficulty or expense when considered in relation to
      the size, financial resources, nature, or structure of the employer’s
      ‘‘(4) Nothing in this subsection shall preempt a State law that
      provides greater protections to employees than the protections provided for under this subsection.’’.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


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