If you live in California, then you should not be stressed on how you will be able to breastfeed your baby after the pregnancy leave. Just like other states, the state of California allows breastfeeding in the workplace. The laws in California require employers to provide breastfeeding breaks. This makes it easy for you to continue breastfeeding your baby even after the pregnancy break.

Lactation Breaks under Federal Law

Under Obama act in 2010, the federal laws where amended to allow breastfeeding in workplaces. The law requires employers to offer lactating mother’s reasonable breaks for them to express breast milk. The law requires the employers to offer unpaid leaves up to one year so that new mothers can breastfeed their babies. If the employer has more than 50 employees, he will be required to have a private space which is not in the bathroom. The place should be private enough for the employees to easily breastfeed their babies.

Lactation Breaks under California Law

In 1998, the legislators in California passed laws which allow employers to provide breastfeeding breaks. The law in California makes it mandatory for employers to provide facilities where the employees will express milk and nurse their babies. The employees are required to provide breaks for the purpose of breastfeeding as well as providing accommodation facilities for the nursing mothers.

Covered Employers

Unlike workplace laws which require employers to offer accommodation facilities to the disabled in workplaces, where only employers who have more than a given number for workforce are required. The law on lactation does not discriminate. The employers are supposed to offer the break irrespective of eh size of the firm.

Breast Feeding Versus Expressing Breast Milk

The law in California offers lactation mothers the right to express milk for their babies. The law does not allow the mothers to breastfeed their babies during work hours. If the employer provides onsite childcare facility, then the employee can access opportunity to breastfeed during breaks.

Amount of Break Time

The employers are required to give a reasonable amount of time to employees so that they can express milk. The breaks should be taken during usual breaks and milk time. There is also an allowance for employees to take unpaid breastfeeding breaks.

Location

The location of the lactation facilities should be close to the employees work area. It should not be a toilet stall, but a private space where the employees can easily express milk.

Employer Exception

If the breaks will really inconvenience the employer, then the breaks will not be allowed.

Penalties for Failure to Accommodate

The state labor commission can fine the employer $100 for each violation of the law.

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As an employee, you must know the rights during pregnancy in the workplace. However, when you are able to answer these questions, you will know what to during your pregnancy. Here is an overview of laws protecting pregnancy in the workplace:

In the US under both federal and State law, it is always illegal for any employer to discriminate against job applicants or employees based on childbirth, pregnancy, or any other related medical conditions. During the process of employment, hiring or compensation, employers should never discriminate any employee. Under State law, employers should never force any pregnant employee to take a leave of pregnancy disability or absence, which she hasn’t requested.

In any case this happens, employers should provide workplace accommodations as well as job-protected leave due to childbirth, pregnancy, or any other related medical conditions. This will always give them the freedom to make a choice on the day and time when the employees wants to take a leave.

How does these laws apply? 

In case of pregnancy discrimination laws, it always apply only to those workplaces with a given number of employees. According Federal Pregnancy Discrimination Act, it applies to only workplaces with over 15 employees, and employment agencies, training or apprenticeship programs, and numerous labor organizations. For instance, California Fair Employment & Housing Act applies to only workplaces with over 5 employees, as well as all labor organizations, employment agencies, state and local governments. All employees in a given workplace often have same rights whenever they operating in a given city.

Do pregnant mother entitled to leave?

During pregnancy in the workplace, an employee is entitled to job-protection, unpaid leave that goes as high as four months when one is disabled (or unable to perform his or her essential job functions) by childbirth, pregnancy, or related conditions.

What is a mother is unable to continue with a job after pregnancy?

According to the state and federal law, any employer must be able to treat a pregnant employee who may be temporarily unable to do their job descriptions due to pregnancy or have temporary disability. During the process, both employee and employer can negotiate new terms of employment in case of these events.

Is a pregnant employee entitled to leave?

All pregnant employees are covered by the employer during pregnancy period and must take a mandatory leave especially in the 3rd trimester of the pregnancy. In addition, all employees are permitted to work during pregnancy provided she is capable to do her job.

In conclusion, the above is an overview of laws protecting pregnancy in the workplace.

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