The Federal Baseline: What the PUMP Act Requires

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, effective December 2022, amended the Fair Labor Standards Act (FLSA). It requires employers of all sizes to provide:

•Reasonable break time to express breast milk

•A private, non-bathroom space shielded from view and free from intrusion

•Coverage for up to one year after a child’s birth

•Protections for nearly all employees, including salaried workers

Employers with fewer than 50 employees may claim an undue hardship exemption, but this exception is narrow and difficult to prove.

How California Lactation Laws Go Beyond Federal Requirements

California Labor Code Sections 1030–1034 provide stronger and more detailed protections than federal law. Employers must comply with both, but when laws differ, California’s stricter standard applies.

1. No Time Limit on Lactation Accommodations

Federal law: Up to one year after childbirth California law: No time limit California employers must provide lactation accommodations for as long as the employee needs to express milk, regardless of the child’s age.

2. Stricter Lactation Room Requirements

California law requires more than just privacy. A compliant lactation space must:

•Be close to the employee’s work area

•Be shielded from view and free from intrusion

•Be safe, clean, and free of hazardous materials

Include:

‣A seat

‣A surface for pumping equipment and personal items

‣Access to electricity for breast pumps

Employers must also provide nearby access to:

•A sink with running water

•A refrigerator suitable for storing breast milk (or a cooler if refrigeration is not feasible)

•A bathroom—even a private one—never qualifies.

3. Mandatory Written Lactation Accommodation Policy

California requires employers to maintain a written lactation accommodation policy that includes:

•Employees’ right to request accommodation

•The process for making a request

•The employer’s obligation to respond

•The right to file a complaint with the Labor Commissioner

Distribution Requirements:

•Include in employee handbooks

•Provide to new hires upon onboarding

•Distribute when employees inquire about or take parental leave

4. Stronger Enforcement and Penalties

California provides multiple enforcement avenues:

•One hour of pay at the employee’s regular rate per violation

•Civil penalties of $100 per violation

•Potential claims for sex discrimination or retaliation

•Complaints filed with the Labor Commissioner or BOFE

Noncompliance can quickly become costly—especially if violations are ongoing.

5. Explicit Anti-Discrimination and Anti-Retaliation Protections

Under California law, breastfeeding and lactation are protected characteristics. Employers may not:

•Deny promotions or opportunities

•Discipline employees for taking lactation breaks

•Create a hostile environment

•Retaliate against employees who request accommodation

•Violations may support claims under California’s Fair Employment and Housing laws.

Special Workplace Situations: Flexible Compliance Options California law allows flexibility without reducing employee protections:

•Multi-purpose rooms: Allowed, but lactation use must take priority

•Shared lactation spaces: Permitted in multi-tenant buildings

•Temporary spaces: Allowed if compliant and near work areas

•Agricultural worksites: Enclosed, shaded spaces (including vehicle cabs) may qualify

•Multi-employer worksites: General contractors must coordinate accommodation access

Break Time Requirements: What Counts as “Reasonable”?

California requires:

•Breaks each time the employee needs to express milk

•Alignment with paid breaks when possible

•Unpaid time if not concurrent with paid breaks

•Travel time to and from the lactation space excluded from break time

Best practice:

•2–3 pumping breaks during an 8-hour shift

•15–30 minutes per session, depending on individual needs

If an employee pumps during paid breaks, that time must be paid.

Undue Hardship: A Very High Standard

Small employers may claim undue hardship, but enforcement agencies apply this exception very narrowly. What typically does not qualify:

•Minor inconvenience

•Scheduling challenges

•Sharing rooms

•Temporary space adjustments

Most employers can comply using creative, low-cost solutions.

Step-by-Step Compliance Guide for Employers

Step 1: Audit Your Workplace

Identify compliant lactation spaces that are private, accessible, and safe.

Step 2: Create a Written Policy

Ensure your policy meets all statutory requirements.

Step 3: Distribute Widely

Include in handbooks, onboarding, intranet, and leave discussions.

Step 4: Train Managers

Managers must understand:

•Employee rights

•Privacy obligations

•Scheduling accommodations

•Anti-retaliation rules

Step 5: Respond Promptly

Acknowledge requests quickly, document accommodations, and follow up.

Common California Lactation Compliance Mistakes

❌ Providing only a bathroom

❌ Requiring medical documentation

❌ Automatically limiting accommodation to one year

❌ Failing to create a written policy

❌ Locating rooms too far from work areas

❌ Inadequate privacy controls

❌ No sink or refrigeration access

Why Lactation Accommodation Makes Business Sense

Beyond compliance, strong lactation support delivers measurable benefits:

•Higher employee retention

•Reduced absenteeism

•Improved morale and engagement

•Stronger employer brand

•Lower risk of discrimination claims

Supporting lactating employees is not just a legal obligation—it’s a strategic investment.

Resources for California Employers

•California Department of Industrial Relations (DLSE)

•California Department of Public Health

•Labor Commissioner’s Bureau of Field Enforcement

•California Breastfeeding Coalition

•Legal Aid at Work

Final Thoughts

California’s lactation accommodation laws reflect a clear policy choice: working parents deserve meaningful, practical support. Employers who proactively comply not only avoid penalties but also build a workplace culture rooted in respect, equity, and retention. By aligning your policies, spaces, and training with California’s enhanced standards, you protect your business while supporting employees during a critical stage of life. In today’s competitive labor market, that commitment is a powerful advantage.