1. Scope of Coverage
Federal Lactation Act (PUMP Act):
- Applies to employers with 50 or more employees, but small employers may be exempt if they demonstrate undue hardship.
- Provides protections for non-exempt employees; exempt employees were only included starting April 28, 2023.
California Lactation Accommodation Law:
- Applies to all employers in California, regardless of size.
- There is no undue hardship exemption; all employers must comply.
2. Length of Protections
Federal:
- Requires reasonable break time for lactation for up to one year after the child’s birth.
California:
- Does not impose a time limit; employees are entitled to lactation accommodations as long as they are breastfeeding.
3. Break Time
Federal:
- Breaks are unpaid, unless employees are already provided compensated breaks, in which case the lactation break must also be paid.
- Employers are required to provide “reasonable” break time but no specific duration is mandated.
California:
- Breaks must be paid if they overlap with regular paid rest breaks.
- If additional break time is required beyond the standard rest breaks, that time may be unpaid.
4. Lactation Space Requirements
Federal:
- Employers must provide a private space, shielded from view and free from intrusion, that is not a bathroom.
- The law does not mandate specific features for the lactation space.
California:
- Requires a dedicated lactation space that:
- Is not a bathroom.
- Is close to the employee’s work area.
- Has access to electricity for breast pumps.
- Includes a surface to place a pump and personal items.
- Has a comfortable chair.
- Must provide access to a sink and refrigerator close to the work area, or an alternative cooling device.
5. Notice and Policy Requirements
Federal:
- No specific requirement for employers to notify employees about their lactation rights or provide a written policy.
California:
- Employers must develop and distribute a lactation accommodation policy that:Informs employees of their rights.Details the process for requesting accommodations.Explains how to report violations of the law.
- The policy must be included in the employee handbook or otherwise provided to employees.
6. Penalties for Non-Compliance
Federal:
- Employees may file complaints with the Department of Labor (DOL), which may result in fines or enforcement actions.
- Remedies are limited to back pay, damages, or reinstatement if employees are penalized for requesting lactation accommodations.
California:
- Violations can result in fines from the California Labor Commissioner.
- Employees can file claims for violations, including lost wages and additional damages.
- Employers who fail to provide a suitable lactation space face fines of $100 per day of non-compliance.
Key Takeaways
- California’s law is stricter and broader than the federal law, offering greater protections and no exemptions for small employers.
- California requires a more equipped and accessible lactation space, along with a formal written policy to inform employees of their rights.
- The Federal PUMP Act sets a baseline, but California employees benefit from more comprehensive rights and accommodations.
California employers must comply with both federal and state laws, adhering to the more protective requirements of the California Lactation Accommodation Law.
Elga Lejarza
Founder/CEO
Lejarza HR Consulting
