California Lactation Accommodation & Breastfeeding Anti-Discrimination Policy

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An overview of California's lactation regulations and recent addition of "breastfeeding" as a protected act under the California Fair Employment and Housing Act

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California Lactation Accommodation & Breastfeeding Anti-Discrimination Policy

  1. 1. www.hrgazette.com Mary E. Wright, Editor California Lactation Accommodation & Breastfeeding Anti-Discrimination Policy Your personal shopper for HR news!
  2. 2. What is “lactation accommodation?” A release from work-related duties for the purpose of expressing breast milk.www.hrgazette.com Mary E. Wright, Editor
  3. 3. What are the employer’s obligations? • A release from all duties for no less than net 10 minutes; • A private location, shielded from view; – Not a bathroom stall; – With a flat surface to set equipment during expression; – near the employee’s work station; andwww.hrgazette.com Mary E. Wright, Editor
  4. 4. What are the employer’s obligations? • A place to store the pump, insulated food container and expressed milk. • An employer need not provide refrigeration so long there is space to store an insulated, temperature controlled food container.www.hrgazette.com Mary E. Wright, Editor
  5. 5. Is it a paid break? • Yes, if: • No, if: – It occurs at the same – It is taken in addition to; time as; and and – Does not exceed – at a time other than the employee’s legally the employee’s legally mandated rest break. mandated rest break. The lactation break should run concurrently with the paid, legally mandated ten minute rest break when reasonably possible.www.hrgazette.com Mary E. Wright, Editor
  6. 6. May an employer take adverse action against an employee because she expresses breast milk or breastfeeds her infant?www.hrgazette.com Mary E. Wright, Editor
  7. 7. No. Sex discrimination is prohibited by the California Fair Employment and Housing Act.www.hrgazette.com Mary E. Wright, Editor
  8. 8. • Recently, the FEHA was amended to clarify that the term sex includes: – breastfeeding; and – medical conditions related to breastfeeding. • Amendment effective January 1, 2013.www.hrgazette.com Mary E. Wright, Editor
  9. 9. www.hrgazette.com Mary E. Wright, Editor Of course, nothing in California is easy. There are all sorts of factual twists that can change the way this law applies in your particular situation. Send questions or comments to: Mary Wright, Editor, HR Gazette Your personal shopper for HR news!
  10. 10. www.hrgazette.com Mary E. Wright, Editor Ubiquitous Disclaimer HR Gazette does not provide legal advice. The content of this slide deck is for informational purposes only. Before using this information – or any information you get over the Internet – consult your lawyer. Nothing takes the place of advice from a lawyer who knows you and your business, and who understands the laws of the state in which your business is located. Your personal shopper for HR news!

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