Welcome to the State of California 

Going Back to Work or School

MO-07-0043 BFP

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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
    FAQs

    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

    Breastfeed LA  provides a Breastfeeding Works Webpage with brochures, toolkit and model employer policies.

    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

    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.

    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, a comprehensive program designed to educate employers about the value of supporting breastfeeding employees in the workplace.

    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.

    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

    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  Giving child care and early education providers the tools to help children develop healthy habits for life.

    Center for Disease Control and Prevention:

  • Child Care Website 
  • Breastfeeding and Early Care and Education: Increasing Support for Breastfeeding Families (PDF) Opens a new browser window.
    This document describes best practices for supporting breastfeeding families in the ECE setting and includes relevant state and community success stories. 
  • 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.
  • 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.
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    Last modified on: 7/27/2016 11:00 AM