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Frequently Asked Questions

MO-10-0009 BFP

Frequently Asked Questions

About the California Department of Public Health’s Lactation Accommodation Policy.

What is the “Lactation Accommodation Law?”

Labor Section Code 1030-1033 requires all employers (not just those with 50 or more employees) to:

  • “provide a reasonable amount of [unpaid] break time to accommodate an employee desiring to express breast milk for the employee's infant child
  • 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,”
Where can I pump?
  • Lactation Rooms have been created in various campuses of the California Department of Public Health
How much time am I allowed to take to pump?

The time allowed includes your breaks and lunchtime, but many mothers find they need some extra time in order to get to the Lactation Room, set up their equipment, pump, clean their equipment, store their milk and return.  Each employee must make arrangements with her supervisor in terms of when she can leave her work area and how to make up for the time utilized beyond usual breaks.

Can I use the Lactation Room to breastfeed?

Yes, if you have someone who can bring your baby to your office, you can also use the Lactation Room to breastfeed.  However, you can also breastfeed in any other area of the building that allows children present, as you are protected by the California “right to breastfeed in public” law:  Civil Code 43.3:.
Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.

If I am in a meeting in a building different from my workplace, can I access the Lactation Room?

Yes, usually a guard can help you.  If you know what building you will be going to, access this link so that you know what is the location and process of getting into the Lactation Room.

I have concerns about my milk supply or other questions related to breastfeeding.

If you have questions related to breastfeeding, one source CDPH provides is the website: http://cdph.ca.gov/breastfeeding.  If you cannot find an answer to your questions, some mothers write notes to each other in the Lactation room, others attend breastfeeding support groups in their communities (www.lalecheleague.org). If you require the assistance of an International Board Certified Lactation Consultant, go to www.ilca.org and enter your zip code in the area called “Find a Lactation Consultant.” 

Last modified on: 8/9/2010 4:28 PM