California

Breastfeeding in California
California’s breastfeeding protections exceed those of many other states. In addition to the federal FLSA’s PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, California laws provide extra levels of support. State law requires public airports to provide lactation spaces, county jails to implement a breastfeeding policy for lactating inmates, and certain hospitals to promote breastfeeding.

Mothers in California have the right to breastfeed in any public or private place they have a legal right to be.

CA Breastfeeding Laws: At Work
The federal FLSA’s PUMP for Nursing Mothers Act now protects all breastfeeding employees, but California was the first state to mandate workplace lactation spaces for all employees.
CA law was amended in 2018 to stipulate that the space cannot be a bathroom. The law—modeled after San Francisco’s Lactation in the Workplace Ordinance—requires that all employers provide all breastfeeding employees with break time and a private space to pump at work.
Notably, the law also includes specific requirements for lactation spaces, including the following: spaces must be in close proximity to where breastfeeding employees work, provide a place to sit, a surface for a pump, and electrical outlets. The space must also be located near running water and a refrigerator to store pumped breast milk. CA employers who violate these provisions will incur a civil penalty of $100 per violation. Employers with fewer than 50 employees may request an exemption but must prove hardship.

Breastfeeding-Positive Municipalities

San Francisco Breastfeeding Laws
San Francisco was the first U.S. city to implement a city-wide lactation policy (which went into effect in 2018) requiring all employers in San Francisco to provide break time and a lactation space (other than a bathroom) to all breastfeeding employees, including part-time employees. The San Francisco ordinance includes quality standards and stipulates that lactation spaces must be clean, include a chair and a surface for a breast pump, be near a sink, and have easy access to a refrigerator. In addition, all San Francisco businesses must have a written lactation accommodation policy that clearly states that employees have a right to request lactation accommodations.

Programs and Resources

California Women, Infants, and Children (WIC) Program: This program offers nutrition education, breastfeeding support, and access to healthy foods for low-income pregnant, postpartum, and breastfeeding women, as well as infants and children up to age five. Services include supplemental food, nutrition education, and breastfeeding support from certified lactation educators.

La Leche League (LLL): An international nonprofit organization with a strong presence in California, LLL provides mother-to-mother support, encouragement, and education on breastfeeding. They offer resources such as support groups, educational materials, and one-on-one consultations to assist mothers in their breastfeeding journey.

First 5 California: Established to improve the lives of children from prenatal to age five, First 5 California funds various programs that promote breastfeeding as a vital component of early childhood development. These initiatives include community health programs, public education campaigns, and support services that emphasize the importance of breastfeeding for both maternal and child health.

These laws, programs, and resources collectively create a supportive environment for breastfeeding mothers in California, fostering healthier outcomes for families across the state.