Lactation Break

What Is a Lactation Break?

A lactation break (also called a nursing break or breast milk expression break) is time that California employers must provide to employees who need to express breast milk for their infant child. California law requires employers to provide both reasonable break time and a suitable private space for lactation—and that space cannot be a bathroom.

California's lactation accommodation requirements are among the strongest in the nation, governed by Labor Code Sections 1030-1034. These protections were significantly enhanced by Senate Bill 142 (effective January 1, 2020), which expanded employer obligations and established clearer standards for lactation spaces.

California Requirements

Break Time Requirements

California employers must provide a reasonable amount of break time to employees who need to express breast milk. Key requirements include:

Requirement	Details
Frequency	As frequently as needed by the employee
Duration	Reasonable time based on individual needs
Timing	When the employee needs it, not just at set times
Concurrent use	May run concurrently with other breaks when possible

Unlike rest breaks, which are fixed at 10 minutes, lactation breaks must be as long as reasonably needed—which varies based on the individual employee's needs.

Lactation Space Requirements

Employers must provide a room or location for lactation that meets all of the following criteria:

Must Be:

Private - Shielded from view and free from intrusion
Safe, clean, and free of hazardous materials - Suitable for expressing milk
Close proximity to the employee's work area - Not unreasonably far away
Not a bathroom - Restrooms and toilet stalls are explicitly prohibited

Must Contain:

A surface to place a breast pump and personal items
A place to sit
Access to electricity or alternative devices for operating an electric or battery-powered breast pump
Access to a sink with running water
Access to a refrigerator (or cooling device) for storing breast milk

Employer Size and Temporary Locations

All Employers: Must provide lactation accommodations regardless of size. There is no small employer exemption.

Temporary/Multi-Location Employers: For employers with operations at multiple or temporary locations (such as construction sites or event venues), the lactation space must be:

Private and in close proximity to the employee's work area
Access to running water and refrigeration must be provided nearby

Agricultural Employers: Must provide lactation accommodations to field workers, which may require mobile or temporary lactation spaces in agricultural settings.

Paid vs. Unpaid Lactation Time

General Rule

Lactation break time is generally unpaid unless:

The employee uses regular paid rest breaks for lactation
The employee uses paid meal breaks or other paid time
The employer's policy provides for paid lactation time
A collective bargaining agreement requires paid lactation breaks

Concurrent Use with Paid Breaks

Employers may require employees to use their regular rest breaks for lactation when the timing works for the employee. However:

If an employee needs additional time beyond rest breaks, that time may be unpaid
Employers cannot force employees to only express milk during their scheduled breaks if more time is needed
Employees can use their meal breaks for lactation, but meal breaks remain subject to standard timing requirements

Non-Exempt vs. Exempt Employees

For non-exempt employees, unpaid lactation time must be:

Accurately tracked
Deducted from hours worked (if unpaid)
Not counted toward overtime calculations

For exempt employees, deductions for lactation breaks could jeopardize the salary basis for exemption. Employers should generally not reduce exempt employees' pay for lactation time.

Lactation Accommodation Policy

Written Policy Requirement

California employers must develop and implement a written lactation accommodation policy that includes:

Employee's right to request lactation accommodation
Process for requesting accommodation - How employees make requests
Employer's obligation to respond - Timeframe and process
Employee's right to file a complaint - With the Labor Commissioner if the employer does not comply
Additional information - This policy may include any additional relevant information

Distribution Requirements

Employers must:

Include the lactation policy in an employee handbook (if one exists)
Provide the policy to new employees at time of hire
Provide the policy when an employee inquires about or requests parental leave

Model Policy

The Labor Commissioner provides a model lactation accommodation policy that employers may use or adapt. The policy should be tailored to the employer's specific workplace and operations.

Request and Response Process

Employee Request

Employees should notify their employer of the need for lactation accommodation. While no specific form is required, requests typically include:

Notice that the employee is expressing breast milk
Approximate timing and frequency of needed breaks
Any specific accommodation needs

Employer Response

Employers must respond to accommodation requests by:

Acknowledging the request promptly
Providing information about the lactation space location and any procedures
Making accommodations available immediately or within a reasonable time
Engaging in dialogue if there are questions about the employee's specific needs

Documentation

Employers should document:

Receipt of lactation accommodation requests
Accommodations provided
Any discussions about timing or space needs
Resolution of any issues

Protections Against Retaliation

Prohibited Actions

Employers cannot retaliate against employees who:

Request lactation accommodation
Use lactation breaks
File complaints about inadequate accommodation
Assist others in filing complaints

Retaliation includes:

Termination
Demotion
Reduction in hours
Negative performance evaluations based on lactation time
Harassment or hostility
Any adverse employment action

Enforcement

Employees can file complaints with the Labor Commissioner (DLSE) for:

Denial of lactation breaks
Inadequate lactation space
Retaliation for requesting accommodations

The Labor Commissioner can investigate complaints and order remedies including:

Reinstatement
Back pay
Penalties

Interaction with Other Breaks

Lactation Breaks and Rest Breaks

Scenario	Result
Employee uses 10-minute rest break for lactation	Time is paid; counts as rest break
Employee needs more than 10 minutes	Additional time may be unpaid
Employee uses rest break but needs another break later	Must be provided additional time
Rest break timing doesn't align with lactation needs	Employee may take lactation break at different time

Lactation Breaks and Meal Breaks

Employees may choose to use their meal breaks for lactation. If so:

Standard meal break rules apply (30 minutes, before end of 5th hour)
If lactation time exceeds meal break, additional time must be provided
Employees cannot be forced to use meal breaks for lactation

Lactation Time is Additional

Lactation breaks are in addition to regular rest and meal breaks unless the employee chooses to combine them. Employers cannot:

Reduce or eliminate rest breaks because the employee takes lactation breaks
Require employees to use only their meal/rest breaks for lactation
Deny additional lactation time if needed beyond scheduled breaks

Duration of Lactation Rights

How Long Protection Lasts

California law protects lactation accommodation rights for as long as an employee needs to express milk for an infant child. There is no specific time limit stated in the statute.

Practical considerations:

Most employees express milk for 6-12 months
Some continue beyond one year
Medical recommendations vary
Employers should not impose arbitrary cutoffs

Returning from Leave

Employees returning from parental leave should be informed of:

Lactation accommodation rights
Location of lactation space
Process for requesting breaks
Written lactation policy

Lactation Space Standards

Minimum Requirements

The lactation space must meet these minimum standards:

Privacy:

Door with lock, OR
Sign indicating room is in use with a method to prevent intrusion
Shielded from view (no windows without coverings)

Facilities:

Chair or seating
Surface/table for breast pump and supplies
Electrical outlet (or alternative for battery pumps)
Access to running water (nearby sink)
Access to refrigeration (nearby refrigerator or provided cooler)

Environment:

Clean
Safe
Free of hazardous materials
Appropriate temperature

What Is NOT Acceptable

The following do not meet California lactation space requirements:

Unacceptable Space	Reason
Bathroom/restroom	Explicitly prohibited by law
Toilet stall	Not sanitary or private enough
Open office with curtain	May not prevent intrusion
Storage closet with hazardous materials	Not safe
Space far from work area	Not in close proximity
Space without electricity	Cannot operate standard breast pump
Space without seating	Does not meet minimum standards

Multi-Purpose Spaces

A room may serve multiple purposes (such as a wellness room, first aid room, or private office) as long as:

It meets all lactation space requirements
It is available when an employee needs to express milk
The employee has priority use during lactation times
Privacy is maintained

Industry-Specific Considerations

Retail and Food Service

Challenges in retail include:

Limited private space
Customer-facing responsibilities

Solutions:

Designate a private office or storage room (properly equipped)
Schedule coverage during lactation breaks
Ensure the space is not a restroom

Healthcare

Healthcare facilities often have multiple nursing employees:

May need multiple lactation spaces or scheduling system
Spaces should be accessible from different units
Clinical areas may need separate spaces

Construction and Field Work

Mobile and field operations must still provide accommodations:

Enclosed vehicle or trailer may serve as temporary space
Access to portable cooler for milk storage
Nearby facilities for running water

Agriculture

Agricultural employers must accommodate field workers:

May require mobile lactation units
Must provide shade and privacy
Cooler or refrigeration access required

Penalties for Non-Compliance

Civil Penalties

The Labor Commissioner may impose civil penalties for violations:

Violation	Penalty
Failure to provide break time	Up to $100 per day per violation
Failure to provide adequate space	Up to $100 per day per violation
Retaliation	Additional penalties and remedies

Employee Remedies

Employees may recover:

Lost wages (if hours were improperly reduced)
Reinstatement (if terminated)
Damages for harm suffered
Attorneys' fees and costs

Pattern Violations

Systematic violations affecting multiple employees may result in:

PAGA representative actions
Class action lawsuits
Additional regulatory scrutiny

Examples

Example 1: Standard Accommodation

Scenario: Maria returns to work after maternity leave and needs to express milk three times during her 8-hour shift.

Employer Response:

Shows Maria the lactation room (private office with lock, chair, table, electrical outlet)
Explains the sign-up system for room use
Confirms Maria can take breaks as needed
Notes that two breaks may run concurrently with her regular rest breaks
The third break may be unpaid additional time

Compliant: Yes - Maria has access to appropriate space and adequate break time.

Example 2: Inadequate Space

Scenario: Employer tells Jennifer to use the bathroom for expressing milk because there is no other private space.

Problem: Bathrooms are explicitly prohibited under California law.

Solution: Employer must identify or create an appropriate non-bathroom space, even if temporarily converting another room.

Example 3: Concurrent Breaks

Scenario: Ashley needs 15-minute lactation breaks. Her employer says she can use her 10-minute rest breaks and the additional 5 minutes will be unpaid.

Analysis: This is permissible as long as:

Ashley is paid for the 10 minutes (rest break time)
Only the additional 5 minutes is unpaid
Ashley is not discouraged from taking the full time she needs

Example 4: Remote and Field Worker

Scenario: Jessica works at construction sites and needs lactation accommodations.

Employer Solution:

Provides an enclosed, climate-controlled trailer at each job site
Equips trailer with chair, table, and electrical outlet
Provides a cooler with ice packs for milk storage
Ensures access to portable handwashing station nearby

Compliant: Yes - meets requirements for temporary/mobile locations.

Frequently Asked Questions

How long can an employee take for lactation breaks?

There is no set maximum. Employees are entitled to reasonable time, which varies based on individual needs. Expressing milk typically takes 15-30 minutes, but may be longer for some employees.

Can employers require a doctor's note for lactation accommodation?

No. California law does not require medical documentation. The employee's statement that they need to express breast milk is sufficient.

What if multiple employees need to use the lactation room at the same time?

Employers should implement a scheduling system or provide multiple spaces. No employee should be denied lactation time because the space is occupied.

Can employers require advance notice for lactation breaks?

Employers can request reasonable notice when possible, but cannot deny breaks if advance notice wasn't given. Lactation needs don't always follow predictable schedules.

Are employees protected if they breastfeed during breaks (versus expressing milk)?

The law specifically addresses expressing breast milk. However, employers should accommodate breastfeeding when the infant is present (such as being brought to the workplace during breaks) to the extent practicable.

Do small employers have to comply?

Yes. There is no small employer exemption for lactation accommodation in California. All employers must provide break time and appropriate space.