The Governing Board recognizes the immediate and long-term health benefits of breast milk and desires to provide a supportive environment for any district employee to express breast milk for an infant child upon returning to work following the birth of the child. The Board prohibits discrimination, harassment, and/or retaliation against any district employee for seeking an accommodation to express breast milk for an infant child while at work.
\n
\nAn employee shall notify the employee's supervisor or other appropriate district administrator in advance of the intent to request an accommodation. The supervisor or appropriate district administrator shall respond to the request and shall work with the employee to make arrangements. If needed, the supervisor or appropriate district administrator shall address scheduling in order to ensure that the employee's essential job duties are covered during the break time.
\n
\nLactation accommodations shall be granted unless there exist limited circumstances, as specified in law. (Labor Code 1031, 1032; 29 USC 218d, 42 USC 2000gg-1)
\n
\nBefore a determination is made to deny lactation accommodations to an employee, the employee's supervisor shall consult with the Superintendent or designee. When lactation accommodations are denied, the Superintendent or designee shall document the options that were considered and the reasons for denying the accommodations.
\n
\nThe Superintendent or designee shall provide a written response to any employee who was denied the accommodation(s). (Labor Code 1034)
\n
\nThe district shall include this policy in its employee handbook or in any set of policies that the district makes available to employees. In addition, the Superintendent or designee shall distribute this policy to new employees upon hire and when an employee makes an inquiry about or requests parental leave. (Labor Code 1034)
\n
\nBreak Time and Location Requirements
\n
\nFor at least a year after the birth of a child, the district shall provide a reasonable amount of break time to accommodate an employee each time the employee has a need to express breast milk for an infant child. (Labor Code 1030; 42 USC 2000gg-1)
\n
\nTo the extent possible, any break time granted for lactation accommodation shall run concurrently with the break time already provided to the employee. Any additional break time used by a non-exempt employee for this purpose shall be unpaid. (Labor Code 1030; 29 USC 218d)
\n
\nThe employee shall be provided a lactation space which may be used by the employee for expressing breast milk as needed. The lactation space shall be a private room or location, other than a bathroom, which may be the employee's work area or another location that is in close proximity to the employee's work area and shall meet the following requirements: (Labor Code 1031; 29 USC 218d)
Is shielded from view and free from intrusion while the employee is expressing breast milk
\n\n\n\n
Is safe, clean, and free of hazardous materials, as defined in Labor Code 6382
\n\n\n\n
Contains a place to sit and a surface to place a breast pump and personal items
\n\n\n\n
Has access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump
\n\n\n\n
Has access to a sink with running water and a refrigerator or, if a refrigerator cannot be provided, another cooling device suitable for storing breast milk in close proximity to the employee's workspace
\n\n
\nIf a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over other uses for the time it is in use for lactation purposes. (Labor Code 1031)
\n
\nDispute Resolution
\n
\nAn employee may file a complaint with the Labor Commissioner at the California Department of Industrial Relations for any alleged violation of Labor Code 1030-1034. (Labor Code 1034)
\n
\nAdditionally, an employee may file a complaint with the Wage and Hour Division of the U.S Department of Labor for an alleged violation of the Providing Urgent Maternal Protections for Nursing Mothers Act and/or the Equal Employment Opportunity Commission for failure to provide reasonable accommodations pursuant to the Pregnant Workers Fairness Act. (29 USC 218c, 218d, 42 USC 2000gg-2).
\n\n\n", "contentText": "The Governing Board recognizes the immediate and long-term health benefits of breast milk and desires to provide a supportive environment for any district employee to express breast milk for an infant child upon returning to work following the birth of the child. The Board prohibits discrimination, harassment, and/or retaliation against any district employee for seeking an accommodation to express breast milk for an infant child while at work.\n\nAn employee shall notify the employee's supervisor or other appropriate district administrator in advance of the intent to request an accommodation. The supervisor or appropriate district administrator shall respond to the request and shall work with the employee to make arrangements. If needed, the supervisor or appropriate district administrator shall address scheduling in order to ensure that the employee's essential job duties are covered during the break time.\n\nLactation accommodations shall be granted unless there exist limited circumstances, as specified in law. (Labor Code 1031, 1032; 29 USC 218d, 42 USC 2000gg-1)\n\nBefore a determination is made to deny lactation accommodations to an employee, the employee's supervisor shall consult with the Superintendent or designee. When lactation accommodations are denied, the Superintendent or designee shall document the options that were considered and the reasons for denying the accommodations.\n\nThe Superintendent or designee shall provide a written response to any employee who was denied the accommodation(s). (Labor Code 1034)\n\nThe district shall include this policy in its employee handbook or in any set of policies that the district makes available to employees. In addition, the Superintendent or designee shall distribute this policy to new employees upon hire and when an employee makes an inquiry about or requests parental leave. (Labor Code 1034)\n\nBreak Time and Location Requirements\n\nFor at least a year after the birth of a child, the district shall provide a reasonable amount of break time to accommodate an employee each time the employee has a need to express breast milk for an infant child. (Labor Code 1030; 42 USC 2000gg-1)\n\nTo the extent possible, any break time granted for lactation accommodation shall run concurrently with the break time already provided to the employee. Any additional break time used by a non-exempt employee for this purpose shall be unpaid. (Labor Code 1030; 29 USC 218d)\n\nThe employee shall be provided a lactation space which may be used by the employee for expressing breast milk as needed. The lactation space shall be a private room or location, other than a bathroom, which may be the employee's work area or another location that is in close proximity to the employee's work area and shall meet the following requirements: (Labor Code 1031; 29 USC 218d)\n\nIs shielded from view and free from intrusion while the employee is expressing breast milk\n\nIs safe, clean, and free of hazardous materials, as defined in Labor Code 6382\n\nContains a place to sit and a surface to place a breast pump and personal items\n\nHas access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump\n\nHas access to a sink with running water and a refrigerator or, if a refrigerator cannot be provided, another cooling device suitable for storing breast milk in close proximity to the employee's workspace\n\nIf a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over other uses for the time it is in use for lactation purposes. (Labor Code 1031)\n\nDispute Resolution\n\nAn employee may file a complaint with the Labor Commissioner at the California Department of Industrial Relations for any alleged violation of Labor Code 1030-1034. (Labor Code 1034)\n\nAdditionally, an employee may file a complaint with the Wage and Hour Division of the U.S Department of Labor for an alleged violation of the Providing Urgent Maternal Protections for Nursing Mothers Act and/or the Equal Employment Opportunity Commission for failure to provide reasonable accommodations pursuant to the Pregnant Workers Fairness Act. (29 USC 218c, 218d, 42 USC 2000gg-2).", "footnotes": [ { "type": "State", "references": [ { "code": "2 CCR 11035-11051", "description": "Unlawful sex discrimination; pregnancy, childbirth, and related medical conditions", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I681EE2305A0A11EC8227000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I682942735A0A11EC8227000D3A7C4BC3" }, { "code": "Civ. Code 43.3", "description": "Right of mothers to breastfeed in any public or private location", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=43.3.&lawCode=CIV" }, { "code": "Ed. Code 200-262.4", "description": "Prohibition of discrimination", "url": "http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=2.&part=1.&lawCode=EDC&title=1.&article=1." }, { "code": "Gov. Code 12925-12954", "description": "Unlawful discriminatory employment practices", "url": "" }, { "code": "Gov. Code 12945", "description": "Unlawful discrimination based on pregnancy, childbirth, or related medical conditions", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12945." }, { "code": "Lab. Code 1030-1034", "description": "Lactation Accommodation", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=3.&chapter=3.8.&article=" }, { "code": "Lab. Code 6382", "description": "Procedure for listing hazardous substances", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=6382." } ] }, { "type": "Federal", "references": [ { "code": "29 CFR 1636", "description": "Implementation of the Pregnant Workers Fairness Act", "url": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1636" }, { "code": "29 USC 218c", "description": "Fair Labor Standards Act; protections for employees", "url": "" }, { "code": "29 USC 218d", "description": "Fair Labor Standards Act; Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act", "url": "https://uscode.house.gov/view.xhtml?req=(title:29%20section:218d%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section218d)&f=treesort&edition=prelim&num=0&jumpTo=true" }, { "code": "42 USC 2000gg-2000gg-6", "description": "Pregnant Workers Fairness Act", "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter22&edition=prelim" }, { "code": "U.S. DoL, Wage and Hour Div., Publication", "description": "Education FAQs: Pump at Work Frequently Asked Questions", "url": "https://www.dol.gov/agencies/whd/pump-at-work/faqs-education" } ] }, { "type": "Management Resources", "references": [ { "code": "CA Department of Industrial Relations Publication", "description": "Rest Periods/Lactation Accommodation, Frequently Asked Questions", "url": "https://www.dir.ca.gov/dlse/faq_restperiods.htm" }, { "code": "California Civil Rights Department Decision", "description": "Department of Fair Employment and Housing v. Acosta Tacos (Chavez), FEHC Precedential Decision 09-03P, 2009", "url": "https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH-AnnualReport-2009.pdf" }, { "code": "California Department of Public Health Publication", "description": "Lactation Accommodation for Employers", "url": "https://www.cdph.ca.gov/Programs/CFH/DMCAH/Breastfeeding/Pages/Lactation-Accommodation-for-Employers.aspx" }, { "code": "Office of the Surgeon General Publication", "description": "The Surgeon General's Call to Action to Support Breastfeeding, 2011", "url": "https://www.cdc.gov/breastfeeding/php/resources/surgeon-generals-call-to-action.html?CDC_AAref_Val=https://www.cdc.gov/breastfeeding/resources/calltoaction.htm" }, { "code": "U.S. DoL, Wage and Hour Div., Publication", "description": "Frequently Asked Questions: Pumping Breast Milk at Work", "url": "https://www.dol.gov/agencies/whd/nursing-mothers/faq" }, { "code": "U.S. DoL, Wage and Hour Div., Publication", "description": "Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work, rev. January 2023", "url": "https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers" }, { "code": "U.S. HHS Office on Women's Health Publication", "description": "The Business Case for Breastfeeding: Steps for Creating a Breastfeeding Friendly Worksite, Toolkit, 2008", "url": "https://www.womenshealth.gov/breastfeeding/breastfeeding-home-work-and-public/breastfeeding-and-going-back-work/business-case" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "California Department of Industrial Relations, Division of Labor and Standards Enforcement", "url": "http://www.dir.ca.gov/dlse" }, { "code": "Website", "description": "California Department of Public Health", "url": "http://www.cdph.ca.gov" }, { "code": "Website", "description": "California Women, Infants and Children Program", "url": "http://www.wicworks.ca.gov" }, { "code": "Website", "description": "Centers for Disease Control and Prevention", "url": "http://www.cdc.gov" }, { "code": "Website", "description": "Health Resources and Services Administration", "url": "http://www.hrsa.gov" }, { "code": "Website", "description": "Office of the Surgeon General", "url": "https://www.hhs.gov/surgeongeneral/index.html" }, { "code": "Website", "description": "U.S. Department of Labor, Wage and Hour Division, FLSA Protections to Pump at Work", "url": "http://www.dol.gov/whd/nursingmothers" }, { "code": "Website", "description": "U.S. Equal Employment Opportunity Commission", "url": "http://www.eeoc.gov" } ] } ], "crossRefs": [ { "code": "0410", "title": "Nondiscrimination In District Programs And Activities", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4032", "title": "Reasonable Accommodation", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4113.4", "title": "Temporary Modified/Light-Duty Assignment", "type": "AR" }, { "code": "4119.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4119.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4161.8", "title": "Family Care And Medical Leave", "type": "AR" }, { "code": "4212.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4213.4", "title": "Temporary Modified/Light-Duty Assignment", "type": "AR" }, { "code": "4219.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4219.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4219.12", "title": "Title IX Sexual Harassment Complaint Procedures", "type": "AR" }, { "code": "4261.8", "title": "Family Care And Medical Leave", "type": "AR" }, { "code": "4312.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4313.4", "title": "Temporary Modified/Light-Duty Assignment", "type": "AR" }, { "code": "4319.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4319.11", "title": "Sexual Harassment", "type": "AR" }, { "code": "4319.12", "title": "Title IX Sexual Harassment Complaint Procedures", "type": "AR" }, { "code": "4361.8", "title": "Family Care And Medical Leave", "type": "AR" } ], "attachments": [] }