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Are You Compliant with Expanded Lactation Accommodation Requirements?

Governor Brown signed many workplace related bills that will go into effect January 1, 2019. Through the end of 2018 and the start of 2019, we will highlight some of the most applicable pieces of legislation.

Current California law states that all employers must make reasonable efforts to provide employees with a room to express breast milk, "other than a toilet stall." This room must be private and near the employee's work area. Employers must also provide a reasonable amount of time for the employee to express milk.

AB 1976, which expands the current law, was signed and will go into effect on January 1, 2019. Employers must now make reasonable efforts to provide employees with a room to express breast milk, "other than a bathroom," unless the employer can demonstrate that the bathroom is the only space available and would not create an undue hardship for the employer. A hardship may include operational, financial or space limitations. A temporary location may be an option, but it must only be used for lactation purposes and must be private and free from intrusion while an employee expresses milk.

An agricultural employer will be deemed in compliance if the employer provides an employee wanting to express milk with a private, enclosed, and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor.

A consultant is available to help you comply with this new law.