One of our employees who has recently returned to work after giving birth says that we have to give her a special room and special breaks to express milk. This would hurt our productivity. Do we have to allow this? —Rachel W., HR Manager in San Francisco
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Yes, you probably do. Under California law, employers have to provide a reasonable amount of break time for a nursing mother to express breast milk for her infant child. The woman should, if possible, use any paid break time you already provide to employees. However, if she needs to express milk at a different time, that break time may be unpaid. You are not required to provide break time under this rule if doing so would seriously disrupt your operations.
The law also requires employers to make “reasonable efforts” to provide a reasonable space, not a toilet stall, in close proximity to the employee’s workspace, to express breast milk in private while at work. The room or location may include the place where the employee normally works if it otherwise meets the law’s requirements.
It is probably easier—and legally safer—for you to provide your employee with the time and space to express milk rather than try to prove a serious disruption to your operations. —CELA Editors