What to Know About Lactation Accommodation

Lactation accommodation is a hot topic currently. In accordance with section 1030 of the Labor Code, every employer, including the state and any political subdivision, must provide a reasonable amount of time for a break to accommodate an employee wishing to express breast milk for a baby child.

The time gap, if possible, should be performed simultaneously with any break time already provided to the employee. You do not need to pay for the break time for an employee who does not work at the same time as the rest time allowed for the employee, in accordance with the pay scheme of the Commission on Industrial Welfare.

What Kind of Accommodations Should Be Available?

The employer must make reasonable efforts to provide the employee with the opportunity to use the premises or another place, except for the toilet rack, in the immediate vicinity of the worker’s work area, so that the employee expresses milk alone. This could be in a room or place that there may be a place where the employee usually works if she otherwise meets the requirements of this section.

The employer is not required to provide a break for employees for lactation accommodation if this can seriously disrupt the employer.

Rest Period for Mothers

If the employer does not provide the employee with a rest period in accordance with the applicable order of the IWC, the employer pays the employee one additional hour of payment at the normal employee payment rate for each working day so that the rest period is not provided according to Section 226.7 of the Labor Code.

Thus, if the employer does not provide all the rest periods required on a business day, the employee is entitled to one additional hour of payment for that work day, rather than one additional hour of payment for each rest period that was not provided during this working day.

The rest period is defined as “net” ten minutes, which means that the rest period begins when the worker reaches the area away from the work area that is suitable for rest. Employers must provide suitable recreational facilities that must be available to employees during working hours in an area separate from the toilet rooms.

Retaliation Against Mothers

In addition, any employee who is a victim of retaliation for either claiming the right to housing for lactation or complaining to the Labor Commissioner about the inability of the employer to provide this housing can file a compensation claim in accordance with section 98.7 of the Labor Code.

The employee must file an application for reimbursement within six months of retaliation.