Employers must provide nursing employees with "reasonable" unpaid break time to express breast milk and a private lactation space.

Break time:

Employers must provide "reasonable" break time to express milk. There is no specific duration so long as it is reasonable. 

Can my employer limit the number of lactation breaks I can take?

No. The employer can encourage you to use your scheduled breaks to lactate, however, you may take more lactation breaks as long as the breaks are considered "reasonable.”

Do I need to notify my employer in advance about needing to pump?

While it's good practice to inform them, you can request breaks as needed.

Are lactation breaks paid?

Generally, lactation breaks are unpaid unless they coincide with a regular paid break.

Lactation space must meet the following requirements:

• Must be a separate room, not a bathroom
• Must be secure and free from intrusion
• Must be shielded from view
• Must have a place to sit, a surface to place a pump, and access to electricity
• Must have access to a sink with running water and a refrigerator to store milk.

What if my workplace doesn't have a designated lactation room?

You should discuss with your employer to find a suitable, private space that meets the legal requirements. If your employer fails to provide a lactation room that meets the requirements listed above, contact an attorney immediately. 

No discrimination:

Employers cannot retaliate against an employee for requesting or taking lactation breaks. If the employer harasses you for taking too many lactation breaks or retaliates against you for exercising your rights to lactation breaks and/or a lactation space, you may be able to file a lawsuit. Because these situations are extremely fact specific, it is important to speak to an experienced employment attorney about your situation to determine if you have a case. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.