COUNTY OF SAN MATEO
HUMAN RESOURCES DEPARTMENT
Inter-Departmental Correspondence
DATE: April 21, 2014
TO: All Management Employees
FROM: Nicole McKay, Employee & Labor Relations Manager
SUBJECT: Employee Relations Bulletin 2 Breaks for Nursing Mothers
Background
There is a new law that requires employers to provide a reasonable break time for nursing mothers to express breast milk for her nursing child for one year after the child’s birth each time such employee needs to express milk”. The employer must also provide the nursing mother a private “place” to express milk defining such “place” as a location that is “shielded from view and free from intrusion from co-workers and the public”. The room must have access to an electrical outlet and a door that can be secured. The law specifically excludes “bathrooms” as an appropriate “place”.
Compensation
Under the law the employer is not required to compensate mothers taking such breaks during work time. The employer may not, however, dictate the scheduling of the break time. Instead, the mother may take a “reasonable” break time each time she has the need to do so. Thus, if a mother utilized her rest breaks to express milk she is paid for the time just as any employee utilizing a rest break would be (rest breaks are typically two 15 minutes breaks over an 8 hour shift). If a mother utilized lunch time or took a break to express at a time other than a scheduled rest break, the employer is not required to pay her for that time.
Location
Many County offices already have designated lactation rooms. In other offices, nursing mothers usually are able to find a vacant, private office they can use. If a nursing mother requests a private location to express milk and no such location is available in the facility, please call Denise Brown for guidance.
Please communicate this information to all supervisors. Any questions regarding this bulletin should be referred to your Employee Relations Analyst.
References:
Patient Protection and Affordable Care Act of 2010
Lactation Accommodation Law (AB1025)