California Labor Law Basis for Federal Lactation Accommodation Health Reform

Washington, DC According to California labor law, nursing mothers who have returned to work have been granted allowances and protections for the purposes of nursing. This nearly decade-old section of the labor code quietly made it into the federal health care reform bill, allowing for California lactation provisions to serve as the model for the federal program.

"Today many women elect to return to work soon after giving birth," said California Labor Commissioner Angela Bradstreet, in comments appearing in US State News on 5/13/10. "They want to be a valuable member at work and still be able to care for their newborn. Compliance with California's lactation laws is not only the right thing to do for these employees, it is also smart business because there are many cost benefits to employers."

While California Labor Code sections 1030 and 1031 were adopted in 2001, it's only been in the last few years that the provisions have actively been enforced. Because of a complaint filed by an employee, the Office of the Labor Commissioner has been initializing investigations. Companies known or discovered to have failed in providing lactation accommodation have been cited by the Labor Commissioner's Office.

"Many businesses discover that having an effective lactation support program is good for their bottom line," said Bradstreet. "These companies see lower turnover rates, a reduction in health care costs, higher productivity and worker loyalty."

Bradstreet also emphasized the need for employees to report violations of the lactation accommodation law, noting that it is not a law that can be addressed with enforcement sweeps.

California employee labor law requires that every employer in the state, regardless of size, must provide a reasonable amount of time to accommodate the expressing of breast milk, together with reasonable efforts to provide the lactating employee with the use of a room or other accommodate that would allow for the process to be carried out in private.

A restroom does not qualify for that purpose.

Ms. Bradstreet recently visited the White House as a guest of President and Michelle Obama. The lactation provisions in the new federal health reform act are almost a direct clone of provisions adopted in California. While various employers have been cited for violations of California's lactation law, the release did not specify the penalties faced by those employers in violation of the law.

In recent years the popularity of breastfeeding over the use of formula has increased, due to the increased health benefits for both mother and child. California was among the first states to enact such a provision.