Both State and Federal laws require employers to provide a reasonable amount of break time and a private location to express breast milk.
The County of Santa Clara Lactation Accommodation Policy is based on the Laws and Policies which protect a woman's choice to provide breast milk to her child by ensuring her right to express milk during her breaks. It also protects her from discrimination from other staff.
Sections 1030-1033 of the California Labor Code and Section 4702 of the Patient Protection and Affordable Care Act require employers to provide a reasonable amount of break time and private location to express breast milk. Unfortunately, many employees are not aware of the laws, and some employees are afraid to ask for this accommodation.
The Santa Clara County Public Health Department supports efforts that encourage breastfeeding at the workplace, as it provides benefits for mothers, children, families, and society. Children who are breastfed are less likely to develop acute ear infections, asthma, diabetes, and obesity. Reduced risk of diabetes, breast cancer, and ovarian cancer are some of the mother's health benefits. Breastfeeding also provides benefits for businesses, including lower health care costs, reduced absenteeism, higher productivity, and lower turnover rates.
Worksite Lactation Accommodation Resources
- California Labor Code - Lactation Accommodation
- Fair Labor Standards Act - Break Time for Nursing Mothers Provision
- Breastfeeding Laws
- The Business Case for Breastfeeding
- Breastfeeding - The Goal 2025 Infographic
Maternal, Child and Adolescent Health (MCAH)
1993 McKee Road
San Jose, CA 95133
- Women, Infants, and Children
- Find a lactation consultant directory
- Nutrition for Breastfeeding Moms
- Birth Registration
- Every Woman California
- First 5: Santa Clara County
- Santa Clara County: Behavioral Health Services
- Office on Women's Health Breastfeeding Resources
- American Academy of Pediatric's Breastfeeding Resources