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Going Back to Work or School

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For Parents:

California Worksite Lactation Accommodation Law 

  • To file a complaint when an employer violates labor code section 1030 complete a complaint by following the directions in the following Bureau of Field Enforcement Claim.
  • To contact the Labor Commissioner's Office, check frequently asked questions first before contacting the office closest to your workplace by phone or in person
  • State of California Department of Fair Employment and Housing: YOUR RIGHTS AND OBLIGATIONS AS A PREGNANT EMPLOYEE

    Federal Worksite Lactation Accommodation Law, U.S. Department of Labor:


    Statutory language
    Fact Sheet #73

    Worksite Lactation Accommodation: California vs. Federal Lactation Law (PDF)


    Legal Aid Society

    California Department of Public Health WIC Breastfeeding Resources Website.

     California Breastfeeding Coalition: Workplace Lactation Accommodation

    Breastfeeding Task For of Greater Los Angeles Resources: www.breastfeedingworks.org provides links for:

  • Handouts for working mothers (English and Spanish)
  • Handouts for child care providers (English and Spanish)
  • Toolkits for Employers
  • Working & Breastfeeding: It Can Work!  Self Advocacy Tool Kit
  • Making It Work Toolkit  
    The Making It Work Toolkit is an online resource for breastfeeding mothers returning to work or school.  The toolkit is designed to provide assistance to breastfeeding mothers as well as tools and information for businesses and families

    Maternal and Child Health Library

  • Breastfeeding Consumer Education Materials
  • Breastfeeding Promotion for Health Professionals
  • Breastfeeding and Working Mothers for Consumers and Health Professionals
  • U.S. Food and Drug Administration: Breast Pump General Information

    Other Helpful Websites

  • www.workandpump.com. Mother-to-mother advice for moms working outside the home and breastfeeding. Message boards, news updates, info for employers.
  • For Employers:  

    California Labor Code 1030-1033.2002: Chapter 3.8, Section 1030, Part 3 of Division 2 of the Labor Code

    Department of Industrial Relations: Rest Periods/ Lactation Accommodation 

    Minimum Requirements of the California Lactation Accommodation Law (PDF) 

    Break Time for Nursing Mothers Provision: Section 7(r) of the Fair Labor Standards Act  Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk.

    U.S. Department of Labor    Wage and Hour Fact Sheet #73 "Break Time for Nursing Mothers under the FSLA" and the Frequently Asked Questions (FAQs) about the federal Break Time for Nursing Mothers Law.

    • Data and Statistics: Women in the Labor Force
    • Info graphic shows that more first-time mothers are working while pregnant, working closer to their due date, and returning to work sooner after giving birth.

    Worksite Lactation Accommodation: California vs. Federal Lactation Law (PDF)


    Supporting Nursing Moms at Work: Employer Solutions  
    This online Office of Women's Health resource provides businesses with cost-effective tips and solutions for any industry setting. This resource includes a link to the Business Case for Breastfeeding is a well-researched program that outlines manageable, flexible models for implementing or enhancing a worksite breastfeeding support program.

    Creating a Breastfeeding-Friendly Worksite developed by the California Department of Public Health, Nutrition Education and Obesity Branch

    Increasing Breastfeeding in the Low-Wage Worksite: This brief describes the issues and shows what California businesses can do to improve lactation accommodation for working poor mothers so that these women can increase the length of time they breastfeed their infants.

    Centers for Disease Control and Prevention (CDC) Healthier Worksite Initiative:

  • U.S. Office of Personnel Management:

  • Guide for Establishing a Federal Nursing Mother's Program details requirements that Federal agencies must meet in support of nursing mothers, according to the Affordable Care Act. The Guide includes the benefits of breastfeeding to agencies, mothers, and their nursing infants and outlines steps to develop, improve and sustain a program.
  • Maternity Leave and Return Toolkit for Employers and Employees developed by the Mothers Workplace Coalition

     National Business Group on Health:

  • Sample Local Health Jurisdiction Lactation Accommodation Policies

  • Los Angeles (PDF) Opens a new browser window.
  • Monterey County (PDF)Opens a new browser window.
  • Santa Clara County (PDF)
  •  Breastfeed LA  Provides a web page entitled AT WORK…Breastfeeding Works  A program supporting employers and employees to help employed breastfeeding mothers succeed in returning to work.

    Other resources:

  • Other Ways to Support Breastfeeding in the Workplace (PDF)Opens a new browser window.
  • Sample Flyer for Employee Break Rooms (PDF) Opens a new browser window.
  • Sample Messages for Paycheck Stubs (PDF) Opens a new browser window.
  • Developing a Breastfeeding Workplace Policy (PDF) Opens a new browser window.
  • Setting up a "Lactation Room" (PDF) Opens a new browser window.

    For Child Care Workers:

    Caring for Our Children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs; 3rd Edition (2011) These standards include the best evidence for feeding and use of breastmilk in childcare settings.

    Childcare Nutrition Standards:  The Emergency Medical Services Authority (EMSA) has developed child care nutrition training standards as required by Assembly Bill 290 (Alejo, Chapter 734, Statutes of 2013). Beginning January 1, 2016 and thereafter, the law adds one (1) hour of nutrition training, including support of breastfeeding to the current seven (7) hour preventive health and safety practices course for a total of eight (8) hours of preventive health and safety training required for licensees of child care homes and centers.

    Texas WIC Curriculum: How to Support a Breastfeeding Mother: A Guide to the Childcare Center  Contains training modules and materials made available by the Texas Department of State Health Services.

    The WIC Peer Counselor Training can be used for Child Care workers so they will support the mothers of the babies they care for.

    Breastfeeding and Child Care Toolkit The Breastfeeding-Friendly Child Care Initiative (BFCC) began in 2009 in Wake County, North Carolina, with support from the John Rex Endowment, for the purpose of improving breastfeeding support in child care centers that serve low wealth populations

    How to Support A Breastfeeding Mother- A Guide for the Childcare Center Texas WIC Curriculum Guide for the Childcare Center

    Information on cue-based or “paced” bottle feeding:

  • How to bottle feed a breastfed baby
  • Bottle-Feeding a Breastfed Baby: Ideas for Day Care and Others (PDF)Opens a new browser window.
  • Let’s Move Child Care

    Center for Disease Control and Prevention:

  • Child Care Website 
  • Breastfeeding and Early Care and Education
  • Carolina Global Breastfeeding Institute (CGBI) website

  • Breastfeeding-Friendly Child Care (BFCC) handouts/materials for child care centers and families
  • General information about the BFCC project and toolkit
  • Minnesota Child Care Tips sheets:

  • For Child Care Providers
  • For Parents
  • Safe Storage and Handling of Breast Milk

  • For Community Leaders:

    Workplace Initiatives to Support Breastfeeding Women:

  • Institute for Women’s Policy Research: “Maternity Leave in the United States” (PDF)Opens a new browser window.
  • Washington Business Group on Health (PDF)Opens a new browser window.
  • Oregon Health Division Mother-Friendly Workplace Policy
  • Texas Breastfeeding Initiative and the Mother-Friendly Work site Program
  • The Mother Friendly Worksite Program (Manual) (PDF)Opens a new browser window.
  • State-level legislation monitored by La Leche League International
  • USDA's Breastfed Babies Welcome Here (PDF)Opens a new browser window.
  • International Reports:

  • Findings from the International Labor Organization’s (ILO) Conditions of Work and Employment Database A review of national legislation Maternity at work;  2005 ILO Recommendations related to breastfeeding and employed mothers (PDF)Opens a new browser window.
  • The International Labour Organization (ILO) is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights.
    Last modified on: 5/24/2016 8:35 AM