Breastfeeding Initiative

Breastfeeding Laws

Below are laws enacted to address to support a mother’s right to breastfeed her child.

Worksite lactation accommodation laws

<div class="col-sm-4"><img src="/Programs/CFH/DMCAH/PublishingImages/Photos/GettyImages-524429091.jpg" width=100%></div><div class="col-sm-8">Federal law (<a href="https://www.dol.gov/whd/nursingmothers/Sec7rFLSA_btnm.htm" target="_blank">FLSA §7  </a>) requires employers to provide reasonable break time and safe place for a non-exempt employee to express breast milk for her nursing child for one year. California law (<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1030" target="_blank">LAB §1030</a>) extends these protections to any employee for as long as employee is nursing her child. (<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1031" target="_blank">LAB §1031</a>) An employer shall make reasonable efforts to provide an employee with the use of a room or other location, other than a bathroom, in close proximity to the employee’s work area, for the employee to express milk in private. An employer shall develop and implement a policy regarding lactation accommodation (<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1034" target="_blank">LAB§1034 </a>).<a href="https://www.dir.ca.gov/dlse/Lactation_Accommodation.htm" target="_blank">California Department of Rehabilitation </a> | <a href="https://www.dol.gov/whd/nursingmothers/" target="_blank">US Department of Labor </a> | <a href="/Programs/CFH/DMCAH/Breastfeeding/Pages/Lactation-Accommodation.aspx">Lactation Accommodations </a></div>

Report issues or get help with workplace accommodation

If you feel your employer is not providing you with adequate break time and/or a place to express milk as provided for in <a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1030" target="_blank">LAB §1030 </a>, you may file a report/claim with the Labor Commissioner’s Bureau of Field Enforcement (BOFE) at the BOFE office nearest your place of employment.<a href="/Programs/CFH/DMCAH/CDPH%20Document%20Library/BFP/BFP-Knowing-Your-Breastfeeding-Rights.pdf">Know Your Breastfeeding Laws (PDF) </a> | <a href="https://www.womenshealth.gov/supporting-nursing-moms-work" target="_blank">Employer Solutions </a>

Right to breastfeed in public law

<div class="col-sm-4"><img src="/Programs/CFH/DMCAH/PublishingImages/Photos/GettyImages-628481806.jpg" width=100%></div>
<div class="col-sm-8"><a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=43.3">CIV §43.3 </a> gives women the right to breastfeed their child in a public place. This protection is needed since women breastfeeding in a public place may be asked to stop, leave or cover up, causing embarrassment and stigmatization. Embarrassment remains a barrier to breastfeeding.
<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=11218" target="_blank">Welfare and Institutions Code § 11218 </a>. Pursuant to Section 43.3 of the Civil Code, an applicant or recipient of aid under this chapter is entitled to breastfeed her child in any public area, or area where the mother and the child are authorized to be present, in a county welfare department or other county office.<a href="https://www.womenshealth.gov/breastfeeding/breastfeeding-home-work-and-public/breastfeeding-public" target="blank">Breastfeeding in public </div>

Airports and Certain Transit Stations

<div class="col-sm-4"><img src="/Programs/CFH/DMCAH/PublishingImages/Photos/GettyImages-544975912.jpg" width=100%></div>
<div class="col-sm-8"><a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=50479" target="_blank">GOV §50479 </a> requires public airports of specified flight volume shall provide a room or other location at each airport terminal behind the airport security screening area for members of the public to express breast milk in private.<a href="http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB752" target="_blank">Public Utilities Code §99176 </a> requires certain transit stations in Bakersfield, Oakland, Los Angeles, Stockton, Sacramento, San Francisco, San Jose, San Diego and Fresno to include a lactation room if any construction or renovation begins on or after Jan. 21, 2021.<a href="https://www.congress.gov/116/plaws/publ190/PLAW-116publ190.pdf" target="_blank">Public Law 116–190 </a> The national law requires airports to provide lactation rooms that are accessible to the public, including small hub airports.
<a href="" target="_blank">TSA Special Procedures </a> Formula, breast milk and juice for infants or toddlers are permitted in reasonable quantities through the security checkpoint. Remove these items from your carry-on bag to be screened separately from the rest of your belongings. Inform the TSA officer at the beginning of the screening process that you carry formula, breast milk and juice in excess of 3.4 ounces in your carry-on bag. These liquids are typically screened by X-ray.
</div>

Jury duty

<div class="col-sm-4"><img src="/Programs/CFH/DMCAH/PublishingImages/Photos/GettyImages-87300751.jpg" width=100%></div>
<div class="col-sm-8"><a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=210.5.&lawCode=CCP" title="_blank">CCP §210.5 </a> requires the standardized jury summons to include a specific reference to the rules for breast-feeding mothers. A mother who is breastfeeding a child may request that jury service be deferred for up to one year.</div>

Banking Human Milk

<div class="col-sm-4"><img src="/Programs/CFH/DMCAH/PublishingImages/Photos/GettyImages-524429091.jpg" width=100%></div>
<div class="col-sm-8"><a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1647.&lawCode=HSC" target="_blank">HSC §1647&#160</a> The procurement, processing, distribution, or use of human milk for the purpose of human consumption is for all purposes the rendition of a service and is not to be a sale of the human milk for any purpose.<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1648.&lawCode=HSC" target="_blank">HSC §1648&#160</a> A hospital that collects, processes, stores, or distributes human milk collected from a mother exclusively for her own child shall comply with the most current standards established for the collection, processing, storage, or distribution of human milk by the Human Milk Banking Association of North America until or unless the department approves alternative standards.<a href="https://www.cdc.gov/breastfeeding/recommendations/index.htm" target="blank">Guidelines and Recommendations </div>

Hospital Training

<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123360.&lawCode=HSC" target="_blank">Cal. Health and Safety Code § 123360 </a>. The State Department of Public Health shall develop a model eight-hour training course of hospital policies and recommendations that promote
<a href="https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-1257-7.html" target="_blank">Cal. Health and Safety Code § 1257 </a>. The department shall recommend training to improve breast-feeding rates among mothers and infants for general acute care hospitals that provide maternity care and have exclusive patient breast-feeding rates in the lowest 25 percent.

Hospital Breastfeeding Support

<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123365.&lawCode=HSC" target="_blank">Cal. Health and Safety Code § 123365 </a> Requires general hospitals and special hospitals providing maternity care to make available breast feeding consultation or alternatively, provide information to the mother on where to receive breast feeding information.
<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123366.&lawCode=HSC" target="_blank">Cal. Health and Safety Code § 123366 </a> Hospital Infant Feeding Act ( ) All general acute care hospitals and special hospitals that have a perinatal unit shall have an infant-feeding policy that utilizes guidance provided by the Baby-Friendly Hospital Initiative or the State Department of Public Health Model Hospital Policy Recommendations. This section shall become operative January 1, 2014.
<a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123367.&lawCode=HSC" target="_blank">Cal. Health and Safety Code § 123367 </a> All general acute care hospitals and special hospitals that have a perinatal unit will adopt the “Ten Steps to Successful Breastfeeding,” as adopted by Baby-Friendly USA, per the Baby-Friendly Hospital Initiative, or an alternate process adopted by a health care service plan that includes evidence-based policies and practices and targeted outcomes, or the Model Hospital Policy Recommendations by January 1, 2025.

Unlawful Discrimination

Government Code sections 12900 - 12996The Fair Employment and Housing Act prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, genetic information, age, military and veteran status, pregnancy, denial of medical and family care leave, or pregnancy disability leave. Government Code 12926 expands the definition of sex discrimination to include pregnancy, childbirth and breastfeeding, plus any medically related conditions regarding pregnancy, childbirth and breastfeeding.
Resources:
<ul>
<li>To file a complaint, visit the <a href="https://www.dfeh.ca.gov" target="_blank">California Department of Fair Employment and Housing website </a>.</li>
<li><a href="https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/12/DFEH_WorkPlaceDiscriminationHarassmentPoster.pdf" target="_blank">California Law Prohibits Workplace Discrimination and Harassment </a>: Information on employee protections. Employers are required to post this document.</li>
<li><a href="http://www.usbreastfeeding.org/workplace-guide-ca#:~:text=Guide%20to%20the%20Rights%20of%20Breastfeeding%20Employees%20in,provided%20vary%20widely%20from%20one%20law%20to%20another" target="_blank">Guide to the Rights of Breastfeeding Employees in California </a></li>
<li><a href="https://www.workfamilyca.org/resources" target="_blank">California Work & Family Coalition </a> Tools and resources to learn about work-family laws and about how to access your rights when you need them.</li>
</ul>

Lactation Accommodation in County Jails

<a href="https://codes.findlaw.com/ca/penal-code/pen-sect-4002-5.html" target="_blank">Penal Code § 4002.5 </a> On or before January 1, 2020, the sheriff of each county or the administrator of each county jail shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail. The policy shall be based on currently accepted best practices.

Breastfeeding Education and Support

Health and Safety Code 123361. To the extent that non-United States Department of Agriculture (USDA) federal funds and private grants or donations are made available for this purpose, the State Department of Public Health shall expand the breast-feeding peer counseling program at local agency California Special Supplemental Food Program for Women, Infants, and Children (WIC) sites.
<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=14134.55.&lawCode=WIC" target="_blank">Welfare and Institutions Code 14134.55.</a> The department shall streamline and simplify existing Medi-Cal program procedures in order to improve access to lactation supports and breast pumps among Medi-Cal recipients.

Schools and Colleges

<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=66271.9" target="_blank">Education Code 66271.9 </a> The California Community Colleges and the California State University shall, and a satellite campus of these systems and the University of California are encouraged to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.
<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=222" target="_blank">Education Code 222 </a> A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school shall provide reasonable accommodations to a lactating pupil on a school campus to to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.
<a href="https://www.cwlc.org/download/abcs-of-breastfeeding-report-card-initiative/?ind=1614153954771&filename=BFRD2021_FINAL.pdf&wpdmdl=6117&refresh=60360ab7226751614154423" target="_blank">Raising the Grade for Breastfeeding Access in California Schools </a>, California Women’s Law Center. Report identifies the five most important policies that students and employees need to understand their breastfeeding rights and feel supported. Each California school district was compared to these 5 policies.

Parental Leave

<a href="https://codes.findlaw.com/ca/government-code/gov-sect-12945-6.html" target="_blank">California Code, Government Code - GOV § 12945.6 </a> Makes it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) for reason of a child born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent or spouse who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job.
<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12945.2" target="_blank">California Code, Government Code - GOV § 12945.2 </a> Makes it an unlawful employment practice for any employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets the requirements of subdivision (r), to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave.

Page Last Updated : July 30, 2020

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