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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32386
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work in a bank and a coworker recently had a baby. She is

Customer Question

I work in a bank and a coworker recently had a baby. She is now exempt from working on Sundays (and ONLY Sundays which is confusing in of itself) and requires more than an hour for lunch (sometimes up to 2 hours) to breast feed her baby. There is a place for her to privately nurse her baby at work or express milk for her baby. I would like to understand how the breastfeeding laws work in the state of California and I would like to know if this is preferential treatment due to motherhood. I have no children and because she has demanded and received this preferential treatment it has put a strain on me as well as my other coworkers because we are having to cover her shifts.
Please contact me for any questions you may have on this situation. Thank you.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Hello and welcome,

Here is the statute requiring the employer to accommodate the employee:

California Labor Code § 1030-1033.

2002: Chapter 3.8, Section 1030, Part 3 of Division 2 of the Labor Code

1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.
1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.
1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.
1033. (a) An employer who violates any provision of this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.
(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

 

It does not typically require that the employer provide her with days off though and it is likely the Sundays off is for some other reason or under some other statute, such as the FMLA, ADA, or Title VII.

 

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Tina, Attorney
Satisfied Customers: 32386
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your prompt response but the fact that she has Sundays off due to her breastfeeding has not been answered sufficiently to answer my question and assist me in the decision to move forward with this preferential treatment to the labor board. Citing abbreviations of other regulations regarding this matter was not helpful. Please advise.
Expert:  Tina replied 3 years ago.
There is no way for me to know why the employer has agreed to provide her with Sundays off and it does not appear that you know either. I don't believe it is for breastfeeding, but based on some other right falling under another statute. She may be taking intermittent FMLA leave, which is typically permitted following the birth of a child, or extended leave time under CA law.

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