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Break time for Breastfeeding

Posted by Eric Kingsley | Jul 29, 2013 | 0 Comments

The law provides you with breastfeeding breaks

This year, new California state labor laws gave breastfeeding mothers new protections under the California Fair Employment and Housing Act.   The amendment clarifies that the term “sex” in the list of protected classes from discrimination includes breastfeeding and medical conditions relating to breastfeeding.

Nationally, employers have been required to allow break time for breastfeeding since 2010 when The Patient and Protection and Affordable Care Act amended the Fair Labor Standards Act.

Here are the facts about break time for the Affordable Care Act

  • Women are allowed reasonable break time for up to 1 year after a child's birth to express milk.
  • Employers must provide a private area, other than a bathroom for these breaks.
  • All employers must comply unless they have less than 50 employees and can prove undue hardship.
  • When employers provide paid breaks, an employee must be able to use that break for expressing milk and be paid the same as others.

Additional Resources:

US Dept. of Labor Break Time for Nursing Mothers

 California Department of Public Health

If you have questions about your breastfeeding rights at work here in California or would like to discuss a situation you are experiencing, please call us toll-free at 888-500-8469.  Our attorneys are here in the Los Angeles, California area to help you understand and fight for your rights under the law.

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...


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