california lactation accommodation & breastfeeding anti-discrimination policy
DESCRIPTION
An overview of California's lactation regulations and recent addition of "breastfeeding" as a protected act under the California Fair Employment and Housing ActTRANSCRIPT
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
California Lactation Accommodation
& Breastfeeding Anti-Discrimination Policy
www.hrgazette.com Mary E. Wright, Editor
What is “lactation accommodation?”
A release from work-related duties for the purpose of expressing breast milk.
www.hrgazette.com Mary E. Wright, Editor
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; and
www.hrgazette.com Mary E. Wright, Editor
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
Is it a paid break?
• Yes, if:– It occurs at the same
time as; and– Does not exceed
the employee’s legally mandated rest break.
• No, if:– It is taken in addition to;
and – at a time other than
the employee’s legally 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
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
No. Sex discrimination is prohibited by the California Fair Employment and Housing Act.
www.hrgazette.com Mary E. Wright, Editor
• Recently, the FEHA was amended to clarify that the term sex includes:– breastfeeding; and– medical conditions related to breastfeeding.
• Amendment effective January 1, 2013.
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is easy.There are all sorts of factual twists that canchange the way this law applies in yourparticular situation.
Send questions or comments to:Mary Wright, Editor, HR Gazette
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
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