OUR CALIFORNIA BREASTFEEDING LAW OUTLINES THE HEALTH BENEFITS FOR MOTHER, CHILD, AND EMPLOYER QUITE EXTENSIVELY WHILE PLACING REQUIREMENTS ON THE EMPLOYER TO PROVIDE ADEQUATE FACILITIES FOR MOTHERS NEEDING TO EXPRESS MILK FOR THEIR CHILDREN. EXACT TEXT OF THE CALIFORNIA LABOR CODE.
THERE IS A FEDERAL LAW THAT WAS ENACTED AS PART OF THE AFFORDABLE CARE ACT, HOWEVER CALIFORNIA STATE LAW HAS ADDITIONAL REQUIREMENTS AND SO EMPLOYERS IN THE STATE OF CALIFORNIA ARE SUBJECT TO FULFILL THE CALIFORNIA AND FEDERAL LAWS.
California vs. Federal Lactation Law
IN CALIFORNIA, GREATER PROTECTION IS PROVIDED TO EMPLOYEES THAT NEED TO EXPRESS MILK IN THE WORKPLACE. BECAUSE GREATER PROTECTION IS PROVIDED, FEDERAL LAW CANNOT PREEMPT STATE LAW AND THE EMPLOYEE GETS PROTECTIONS FROM BOTH LAWS MEANING EMPLOYERS MUST MEET FEDERAL AND STATE REQUIREMENTS. SEE COMPARISON OF CA VS. FEDERAL LACTATION LAWS.
Common Employee Concerns
“I ONLY GET BREAK TIMES UNTIL MY CHILD IS 1 YEAR OLD”
FEDERAL LAW STATES AN AGE LIMIT, HOWEVER, CALIFORNIA STATE LAW DOES NOT STATE AN AGE LIMIT. SINCE STATE LAW PROVIDES GREATER PROTECTION TO EMPLOYEES, FEDERAL LAW CAN NOT PREEMPT STATE LAW WITH AN AGE LIMITATION.
“I CAN ONLY USE MY PAID BREAK TIMES TO EXPRESS MILK.”
FALSE. WHERE POSSIBLE, IT’S ADVISEABLE TO ALIGN BREAKS USED TO EXPRESS MILK WITH PAID BREAKS, IT IS NOT REQUIRED THAT YOU USE PAID BREAKS TO EXPRESS MILK. UNPAID BREAKS MAY BE USED.
“I ONLY GET 15 MINUTES TO PUMP.”
FALSE. STATE AND FEDERAL LAWS STATE A “REASONABLE AMOUNT OF TIME.” WHILE AT FIRST GLANCE IT MAY SEEM LIKE AN OVERSIGHT TO NOT SPECIFY THE TIME, THIS IS WRITTEN IN FAVOR OF THE EMPLOYEE. CONSIDER THE MOTHER WHO WORKS IN A PLACE THAT MAY NEED TO TRAVEL TO ANOTHER FLOOR OR NEARBY LOCATION TO EXPRESS MILK. REASONABLE TIME INCLUDES TIME TO GET TO THE LACTATION ROOM/PLACE, WASH HANDS, UNDRESS, PUMP, RE-DRESS, STORE MILK AND CLEAN PUMP PARTS. ADDITIONALLY, ONE MOTHER MAY BE ABLE TO EXPRESS 8 OZ IN 10 MINUTES WHERE ANOTHER MAY NEED 20 MINUTES TO EXPRESS THE SAME AMOUNT. JUST AS FACILITIES DIFFER, A WOMEN’S ANATOMY AND LET DOWN REFLEXES CAN DIFFER AND THE LANGUAGE USED IN THE LAW, WHETHER INTENTIONAL OR NOT, HELPS ACCOUNT FOR THESE DIFFERENCES.
“MY EMPLOYER MUST PROVIDE A PRIVATE ROOM.”
FALSE. THE EMPLOYER MUST PROVIDE A PRIVATE PLACE THAT IS: PRIVATE, FREE FROM INTRUSION, AND NOT A BATHROOM OR TOILET STALL
THIS MEANS THAT SOME EMPLOYERS AND EMPLOYEES NEED TO WORK TOGETHER ON CREATIVE SOLUTIONS. SEE SOME IDEAS FOR NON TRADITIONAL LACTATION SPACES AT WOMENSHEALTH.GOV
Employer Concerns
“I HAVE LESS THAN 50 EMPLOYEES SO I’M EXEMPT.”
FALSE. FEDERAL LAW ALLOWS EMPLOYERS WITH LESS THAN 50 EMPLOYEES TO BE EXEMPT ONLY IF THEY CAN CLAIM UNDUE HARDSHIP.
“I DON’T HAVE TO PAY EMPLOYEES FOR TIME USED TO EXPRESS BREAST MILK.”
TRUE AND FALSE. EMPLOYERS ARE NOT REQUIRED TO COMPENSATE NURSING MOTHERS FOR TIME REQUIRED TO EXPRESS BREASTMILK, HOWEVER WHERE COMPENSATED BREAKS ARE ALREADY PROVIDED, AN EMPLOYEE THAT USES PAID BREAK TIME TO EXPRESS MILK MUST BE PAID. ADDITIONAL UNPAID BREAKS MAY USED TO EXPRESS MILK IF NOT PROVIDED CONCURRENTLY WITH PAID BREAKS.
Tips for Talking to your Employer
AS AN EMPLOYEE, YOU CAN HELP YOUR EMPLOYER UNDERSTAND YOUR NEEDS OR THE NEEDS OF MOTHERS IN YOUR WORKPLACE IN A WAY THAT HELPS THEM TO VIEW BREASTFEEDING POSITIVELY.
PARTICULARLY WITH SMALL BUSINESSES, THERE MAY NOT ALWAYS BE A NURSING MOTHER AT ALL TIMES. AS A RESULT, EMPLOYERS MAY FORGET ABOUT THE LAW, OR NOT FULLY UNDERSTAND THE NEEDS OF THE NURSING MOTHER IN THE WORKPLACE. IT’S NOT THAT THEY DON’T CARE, BUT RATHER THAT THEY AREN’T ENCOUNTERED WITH THE SITUATION FREQUENTLY ENOUGH TO UNDERSTAND IT OR BE PROACTIVE.
BELOW ARE TIPS FOR HAVING POSITIVE CONVERSATIONS ABOUT BREASTFEEDING NEEDS IN THE WORKPLACE AND IN GENERAL.
KNOW YOUR AUDIENCE AND WHAT MOTIVATES THEM
CEOS – TYPICALLY CONCERNED WITH EMPLOYEE MORALE, TURNOVER, WANTS TO BE SEEN AS A LEADER FOR CHANGE AND IS A VISIONARY FOR THE ORGANIZATION.
TALK ABOUT: HOW YOU CAN LEAD IN YOUR COMMUNITY WITH THIS CHANGE AND PROMOTE YOUR SUPPORT OF FAMILIES IN THE WORKPLACE TO ATTRACT NEW CANDIDATES. SHOW SUPPORTING BREASTFEEDING IMPROVES MORALE
CFOS- TYPICALLY CONCERNED WITH THE BOTTOM LINE
REDUCES HEALTH CARE COSTS, REDUCES ABSENTEEISM, REDUCES TURNOVER, A COST TO THE ORGANIZATION.
HUMAN RESOURCES-
SHOW SUPPORTING BREASTFEEDING ENCOURAGES WOMEN TO RETURN FROM LEAVE SOONER KNOWING THAT BREASTFEEDING CAN STILL SUCCEED
DIVERSITY - SUPPORTING BREASTFEEDING REDUCES TURNOVER AND RETAINS WOMEN EMPLOYEES
ASK QUESTIONS THAT DRIVE THE CONVERSATION FORWARD TO SOLUTIONS INSTEAD OF FOCUSED ON PAST FAILURES. BREASTFEEDING CAN BE AN EMOTIONALLY CHARGED TOPIC FOR MANY WOMEN, BUT INSTEAD OF CONFRONTING YOUR EMPLOYER AND ASSUMING THEY DON’T CARE OR WILLFULLY FAILED, ASK QUESTIONS THAT GET THEM TO PROBLEM SOLVE WITH YOU SO THEY DON’T FEEL FORCED TO DEFEND THEMSELVES. FOR EXAMPLE:
"AS YOU KNOW, BREASTFEEDING IS IMPORTANT TO THE HEALTH OF MOTHERS AND BABIES AND A BENEFIT TO EMPLOYERS. I WOULD LIKE YOUR HELP TO IMPROVE WORKPLACE SUPPORT SO THAT WE HELP WOMEN SUCCEED! CAN WE DISCUSS SOME IDEAS I HAVE?"
PARTNER WITH OTHER EMPLOYEES IN THE BUSINESS WHO CARE ABOUT BREASTFEEDING. SOME MAY BE MOTHERS WHO BREASTFED IN THE PAST, THOSE WHO MAY HAVE FAILED, OR SIMPLY SOMEONE PASSIONATE ABOUT EMPLOYEE HAPPINESS AND WELL BEING.
