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Fri Dec. 27th, 2019 PTWWW Legal Alert

California passed another lactation accommodation bill to expand the requirements beyond the 2018 bill.  Currently, employers must provide a location other than a bathroom for lactation accommodation.  SB 142, modeled after San Francisco’s lactation accommodation ordinance, creates expanded accommodation requirements for employers. Specifically, a lactation room must be close to the employee’s work area, shielded from view and free from intrusion. The room itself must:

  • Be safe, clean and free of toxic or hazardous materials;
  • Contain a surface to place a breast pump and other personal items;
  • Contain seating; and
  • Have access to electricity.

The employer also must provide access to a sink with running water and a refrigerator suitable for storing breast milk close to the employee’s workspace.

SB 142 also requires employers to create and implement a lactation accommodation policy, including publishing the policy in the employee handbook and providing the policy when an employee asks about or requests parental leave.

The 2018 bill included an undue hardship exemption, which SB 142 keeps in place but limits to employers with fewer than 50 employees.