State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2002-004

  DATE:
  January 11, 2002

  TO:
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Policy Development Office

  SUBJECT:
  Lactation Accommodation 

  CONTACT:
  Myrna Gregory, Policy Analyst
  (916) 322-3748
  FAX: (916) 324-0524
  Email: MyrnaGregory@dpa.ca.gov


  The purpose of this memo is to inform departments of the 
  provisions of Assembly Bill (AB) 1025 (Chapter 821, 
  Statutes of 2001).  This legislation added Chapter 3.8 
  (commencing with section 1030) to Part 3 of Division 2 of 
  the Labor Code to require employers to provide a reasonable 
  amount of break time and an appropriate location to 
  accommodate an employee desiring to express breast milk for 
  the employee's infant child.
  
  In continued support of the "family friendly" work 
  environment, and to facilitate the expedient and successful 
  return of employees to work, departments are encouraged to 
  develop flexible and accommodating guidelines implementing 
  this legislation and meeting the employee's need to express 
  breast milk. 
  
  The statute requires that the time allotted for the purpose 
  of expressing breast milk run concurrently with any break 
  time already provided to the employee, if possible.  
  Typically, a lactating woman will need approximately 15 to 
  30 minutes for each pump session to express breast milk.  
  And, although it varies from woman to woman, the need to 
  express breast milk may occur every two to three hours that 
  she is away from her baby.  While the routine break times 
  provided may be sufficient for some women to complete the 
  process of expressing breast milk, additional time may need 
  to be allowed for others.   
  
  The statute further requires employers to make reasonable 
  efforts to provide the employee with the use of a room or 
  other location in which to express breast milk.  The room 
  or location to be provided by the employer must be in close 
  proximity to the employee's work area, private, and other 
  than a toilet stall.  The room or location where the 
  employee normally works may be used for this purpose if it 
  otherwise meets the requirements.
  
  Examples of workplace spaces which may be appropriate for 
  expressing breast milk include a vacant office, a woman's 
  lounge area, a first aid room, a dressing room, or a room 
  or office space which can be made available during specific 
  times of the day for this purpose.  To facilitate privacy, 
  a lock may be added to the door, or a sign may be posted on 
  the entrance indicating the room is in use.
  
  Assembly Bill 1025 specifies that an employer is not 
  required to provide break time for this purpose if doing so 
  would seriously disrupt the operations of the employer.  
  For example, if the employee performs a job that only she 
  can do, and it is not possible for another arrangement to 
  be made to accommodate her need to express breast milk 
  without jeopardizing the business operation, the employer 
  is not required to provide the accommodation.
  
  Lastly, the statute provides that an employer who violates 
  the provisions of this statute may be subject to a $100 
  civil penalty, for each violation.
  
  If you have any questions regarding the information 
  provided in this memorandum, please contact Myrna Gregory 
  at the number listed above.
  
  
  
  
  Bob Painter, Chief
  Policy Development Office