4033 BP: Lactation Accommodation

Lactation Accommodation
Adopted: December 19, 2024


The Governing Board recognizes the immediate and long-term health benefits of breastfeeding 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.  

An 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. 
Lactation accommodations shall be granted unless limited circumstances exist as specified in law. (Labor Code 1031, 1032; 29 USC 218d, 42 USC 2000gg-1) 

Before 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. 

The Superintendent or designee shall provide a written response to any employee who was denied the accommodation(s). (Labor Code 1034) 

The 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) 

Break Time and Location Requirements 

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; 34 CFR 106.57) 
To 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) 

The employee shall be provided a lactation space which may be used by the employee for expressing breast milk or breastfeeding 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; 34 CFR 106.57) 

1. Is shielded from view and free from intrusion while the employee is expressing breast milk

2. Is safe, clean, and free of hazardous materials, as defined in Labor Code 6382 

3. Contains a place to sit and a surface to place a breast pump and personal items 

4. 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 

5. 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 

If 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) 

Dispute Resolution 

Complaints alleging sex discrimination under Title IX shall be investigated and resolved in accordance with the procedures specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 4119.12/4219.12/4319.12 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures. 

Additionally, 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). 
In addition, an 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) 

Policy Reference Disclaimer: 
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. 
State References, Description
2 CCR 11035-11051 Unlawful sex discrimination; pregnancy, childbirth, and related medical conditions
29 USC 218c Fair Labor Standards Act; protections for employees
Civ. Code 43.3 Right of mothers to breastfeed in any public or private location
Ed. Code 200-262.4 Prohibition of discrimination
Gov. Code 12925-12954 Unlawful discriminatory employment practices
Gov. Code 12945 Unlawful discrimination based on pregnancy, childbirth, or related medical conditions
Lab. Code 1030-1034 Lactation Accommodation
Lab. Code 6382 Procedure for listing hazardous substances

Federal References, Description
20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex
29 CFR 1636 Implementation of the Pregnant Workers Fairness Act
29 USC 218d Fair Labor Standards Act; Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act
34 CFR 106.1-106.82 Discrimination on the basis of sex; effectuating Title IX
42 USC 2000gg-2000gg-6 Pregnant Workers Fairness Act

Management Resources References, Description
CA Department of Industrial Relations Publication Rest Periods/Lactation Accommodation, Frequently Asked Questions
California Civil Rights Department Decision, Department of Fair Employment and Housing v. Acosta Tacos (Chavez), FEHC Precedential Decision 09-03P, 2009
California Department of Public Health PublicationLactation Accommodation for Employers
Federal Register. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, April 29, 2024, Vol. 89, No. 83, pages 33474-33896
Federal Register, Reasonable Break Time for Nursing Mothers, December 21, 2010, Vol. 78, No. 244, pages 80073-80079
Office of the Surgeon General Publication The Surgeon General's Call to Action to Support Breastfeeding, 2011
U.S. DoL, Wage and Hour Div., Publication Education FAQs
U.S. DoL, Wage and Hour Div., Publication Frequently Asked Questions - Pumping Breast Milk at Work
U.S. DoL, Wage and Hour Div., Publication
Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work, rev. January 2023
U.S. HHS Office on Women's Health Publication, The Business Case for Breastfeeding: Steps for Creating a Breastfeeding Friendly Worksite, Toolkit, 2008
Website CSBA District and County Office of Education Legal Services
Website Equal Employment Opportunity Commission
Website California Department of Industrial Relations, Division of Labor and Standards Enforcement
Website California Department of Public Health
Website California Women, Infants and Children Program
Website Centers for Disease Control and Prevention
Website Health Resources and Services Administration
Website Office of the Surgeon General
Website U.S. Department of Labor, Wage and Hour Division, FLSA Protections to
Pump at Work

Management Resources References, Description

Cross References, Description
0410 Nondiscrimination In District Programs And Activities
4030 Nondiscrimination In Employment
4030 Nondiscrimination In Employment
4032 Reasonable Accommodation
4112.9 Employee Notifications
4112.9-E(1) Employee Notifications
4113.4 Temporary Modified/Light-Duty Assignment
4119.11 Sex Discrimination and Sex-Based Harassment
4119.11 Sex Discrimination and Sex-Based Harassment
4119.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4119.12-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4144 Complaints
4144 Complaints
4161.8 Family Care And Medical Leave
4212.9 Employee Notifications
4212.9-E(1) Employee Notifications
4213.4 Temporary Modified/Light-Duty Assignment
4219.11 Sex Discrimination and Sex-Based Harassment
4219.11 Sex Discrimination and Sex-Based Harassment
4219.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4219.12-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4244 Complaints
4244 Complaints
4261.8 Family Care And Medical Leave
4312.9 Employee Notifications
4312.9-E(1) Employee Notifications
4313.4 Temporary Modified/Light-Duty Assignment
4319.11 Sex Discrimination and Sex-Based Harassment
4319.11 Sex Discrimination and Sex-Based Harassment
4319.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4319.12-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
4344 Complaints
4344 Complaints
4361.8 Family Care And Medical Leave
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