4033 BP: Lactation Accommodation

Lactation Accommodation
Adopted: November 16, 2023

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 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 personnel in advance of the intent to request an accommodation. The supervisor shall respond to the request and shall work with the employee to make arrangements. If needed, the supervisor 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 207)

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 the 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)

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 207)

The employee shall be provided the use of 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. The room or location provided shall meet the following requirements: (Labor Code 1031; 29 USC 207)

1. Is shielded from view and free from intrusion while the employee is expressing 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 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
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 Description
2 CCR 11035- 11051
Unlawful sex discrimination; pregnancy, childbirth, and related medical
conditions 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 12926 Definitions
Gov. Code 12940 Unlawful discriminatory employment practices
Personnel BP 4033
Lactation Accommodation
Reviewed: November 16, 2023 Mountain View, California
Gov. Code 12945 Unlawful discrimination based on pregnancy, childbirth, or related medical
Lab. Code 1030-
1034 Lactation Accommodation
Lab. Code 6382 Procedure for listing hazardous substances
Federal Description
29 USC 207 Fair Labor Standards Act
Management Resources Description
CA Department of Industrial
Relations Publication
Rest Periods/Lactation Accommodation, Frequently Asked
California Department of Public
Health Publication Lactation Accommodation for Employers
CDC Publication Lactation Support Program Toolkit
Fair Employment and Housing
Commission Decision
Department of Fair Employment and Housing v. Acosta Tacos
(Chavez),FEHC Precedential Decision 09-03P, 2009
Federal Register Reasonable Break Time for Nursing Mothers, December 21,
2010, Vol. 78, No. 244, pages 80073-70079
Health Resources & Services
Admin Publication
The Business Case for Breastfeeding: Steps for Creating a
Breastfeeding Friendly Worksite, Toolkit, 2008
Office of the Surgeon General
The Surgeon General's Call to Action to Support Breastfeeding,
U.S. DoL, Wage and Hour Div.,
Publication Frequently Asked Questions- Break Time for Nursing Mothers
U.S. DoL, Wage and Hour Div.,
Fact Sheet #73: Break Time for Nursing Mothers under the
FLSA, rev. April 2018
Website CSBA District and County Office of Education Legal Services
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
Personnel BP 4033
Lactation Accommodation
Reviewed: November 16, 2023 Mountain View, California
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, Break
Time for Nursing Mothers
Cross References
Code Description
0410 Nondiscrimination In District Programs And Activities
4030 Nondiscrimination In Employment
4030 Nondiscrimination In Employment
4112.9 Employee Notifications
4112.9-E(1) Employee Notifications
4144 Complaints
4144 Complaints
4161.8 Family Care And Medical Leave
4212.9 Employee Notifications
4212.9-E(1) Employee Notifications
4244 Complaints
4244 Complaints
4261.8 Family Care And Medical Leave
4312.9 Employee Notifications
4312.9-E(1) Employee Notifications
4344 Complaints
Personnel BP 4033
Lactation Accommodation
Reviewed: November 16, 2023 Mountain View, California
4344 Complaints
4361.8 Family Care And Medical Leave
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