Lactation Accommodation Letter

​Bay Area Breastfeeding Support
Serena Meyer, RN, IBCLC, RLC
IBCLC-reg. 11113721 RN- reg.95048954                                   
(510) 612-4000 Fax 510 275-0331

RE:   Lactation Accommodation                     

To Whom it May Concern,

It is common and standard clinician practice to recommend that breastfeeding parents express milk a minimum of every three hours to maintain a full supply of breastmilk. This generally is covered during the two breaks offered during an 8 hour shift and a full 30 minutes during lunch. Many mother's pump at 9am, 12, and 3pm. The accommodation part of this conversation is that a ten minute break is not long enough to fully empty out a breast during pumping. Offering an additional ten minutes on the regularly scheduled break time (20 total, twice a day) is reasonable, and allows for cleaning, wiping down surfaces and storing breastmilk. This additional time, on top of normal breaks is not required to be paid. 

All breastfeeding people in California are afforded the same protection of our laws that outline the basics of reasonable accommodation. 

In California reasonable accommodation has to do with offering pumping breaks, a private area to pump with a door (not a bathroom stall), and a clean place for lactating individuals to express breastmilk. 

The current American Academy of Pediatrics has extended the minimum requirement for breastfeeding to age two years: "The AAP outlines its recommendations and evidence of significant health benefits to infant and mother within an updated policy statement and technical report, both titled, “Breastfeeding and the Use of Human Milk” Published in the July 2022 issue of Pediatrics and available online June 27. The updates include a recommendation to support parents who choose to breastfeed their infant to age 2 and beyond." Full article here: https://www.aap.org/en/patient-care/breastfeeding/policies-on-breastfeeding/

The CDC outlines supporting a minimum of 2 years of breastmilk. That can be found here: https://www.cdc.gov/breastfeeding/faq/index.htm
Thus support for lactation needs to continue until the time of weaning. 

The Academy of Breastfeeding Protocol 7:
https://www.bfmed.org/protocols
"Recommendations Model maternity policy supportive of breastfeeding Policy.
1. This institution promotes breastfeeding considering that it is the biological norm for the human mother and infant (dyad) and that artificial feeding and early weaning carries considerable maternal and infant health risks1–5,7–14 (1).6"

Workplace actions that fail to support breastfeeding mothers also by virtue of decreased pumping options necessitate the use of formula which increases the health risks to infants. 

The full protections of California Laws regarding Lactation are listed here in full: https://www.dir.ca.gov/dlse/Lactation_Accommodation.htm#:~:text=Does%20my%20employer%20have%20to,are%20expressing%20milk%20in%20private. Quotes below.

"Does my employer have to provide me with a place to express breast milk?
A.     Yes, your employer must provide you with the use of a room or other location, other than a bathroom, in close proximity to your work area, shielded from view, and free from intrusion while you are expressing milk in private. This may include the place where the employee normally works if it otherwise meets the requirements. The lactation room or location must be safe, clean, and free from hazardous materials, as defined in Labor Code section 6382, contain a surface to place a breast pump and personal items, contain a place to sit and have access to electricity or alternative devices, including but not limited to, extension cords or charging stations needed to operate an electric or battery-powered breast pump. Access to a sink with running water and a refrigerator suitable for storing milk, in close proximity to the employee’s workspace must also be provided by the employer."

"5.     Q.     What happens if my employer does not provide me with the opportunity to take a break for lactation purposes?
A.     If you feel your employer is not providing you with adequate break time and/or a place to express milk as provided for in Labor Code section 1030, you may file a wage claim to recover one hour of premium pay at the employee’s regular rate of pay for each violation. See https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm "

Additionally, a mother may also file a report/claim with the Labor Commissioner’s Bureau of Field Enforcement (BOFE) at the BOFE office nearest her place of employment should a workplace be unwilling to offer legal accommodation requests. http://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm
"The Labor Commissioner’s Office may, after an inspection, issue to an employer who violates any provision of this chapter, a civil citation ($100.00 for each day an employee is denied a break or adequate space to express milk) that may be contested in accordance with the procedure outlined in Labor Code Section 1197.1 (Labor Code Section 1033)"

In addition, any employee who is a victim of retaliation for either asserting or attempting to assert a right to lactation accommodation or for complaining to the Labor Commissioner about the failure of an employer to provide this accommodation may file a retaliation claim pursuant to Labor Code Section 98.7. An employee must file a retaliation claim with the Labor Commissioner’s Office within a year of the retaliation. 
See here:  https://www.dir.ca.gov/dlse/HowToFileRetaliationComplaint

Serena Meyer RN IBCLC