California Breastfeeding Laws

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California’s breastfeeding protections notably exceed those of other states. State law not only protect a woman’s right to breastfeed in public, but also requires public airports to provide lactation spaces, county jails to implement a breastfeeding policy for lactating inmates, and certain hospitals to promote breastfeeding. The Golden State’s workplace lactation laws are better than most, and exceed the Fair Labor Standards Act (FLSA) requirements in that they cover all employees. In fact, the city of San Francisco now has the highest standards for lactation accommodations in the entire country.

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We’ve awarded California four drops on our scale.

 

CA Breastfeeding Laws: In Public

In California, mothers have the right to breastfeed in any public or private place they have a legal right to be. Read the law: ARTICLE 1. General Provisions [11200 - 11218]

CA Breastfeeding Laws: Airports

In California, public airports (those operated by a city, county, or a city and county) are required to provide a private lactation space (that’s not a bathroom) beyond security points for breastfeeding mothers to pump or breastfeed. The space must include at least one chair and an electrical outlet. Read the law: ARTICLE 6. Airports [50470 - 50479]

CA Breastfeeding Laws: County Jails

Every county jail is required to develop and implement a breastfeeding policy for breastfeeding inmates detained in, or sentenced to, a county jail. Read the law: CA AB 2507

California Breastfeeding Laws: Postsecondary Education

In 2018 California passed a law that requires California Community Colleges and the California State University to provide a private lactation room for breastfeeding students. Read the law: AB 2785

 

Mamava has your breast interests in mind, mamas

 

CA Breastfeeding Laws: At Work

California law goes beyond the federal Fair Labor Standard Act (FLSA) by requiring that employers provide all breastfeeding employees (not just hourly) with break time and a private space to pump at work. In 2018, the law was amended to include language stipulating that the space cannot be a bathroom. Read the laws: CHAPTER 3.8. Lactation Accommodation [1030 - 1033] and Bill 1976 [2018].

 

CA Breastfeeding Laws: Breastfeeding-Positive Municipalities

San Francisco Breastfeeding Laws

San Francisco was the first U.S. city to implement a city-wide lactation policy. The Lactation in the Workplace Ordinance (effective January 1, 2018) requires 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 is more comprehensive than the federal Fair Labor Standards Act (FLSA) in setting quality standards and stipulating 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 employees have a right to request lactation accommodations. Read the law: ARTICLE 33I: LACTATION IN THE WORKPLACE

CA Breastfeeding FYI:

Breastfeeding mothers are exempt from jury duty if requested, or can provide documentation proving they are currently breastfeeding. California also has the Hospital Infant Feeding Act, which requires all general acute care hospitals and special hospitals that have perinatal units to have an infant-feeding policy that provides breastfeeding information.

 
 
 

Need accommodations?

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U.S. Breastfeeding laws

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Mamava Breastfeeding Laws key

One drop

State law protects breastfeeding in public (now true of all states). There are no state-level workplace breastfeeding laws. Breastfeeding mothers, who are paid hourly, are covered by the federal FLSA. Not the breast-case scenario.

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Two drops

State law provides workplace breastfeeding rights for specific employee sectors (e.g., city employees) OR mandates lactation accommodations for specific locations (e.g., airports, municipal buildings).

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Three drops

State law protects all working breastfeeding moms (not just hourly) and exceeds the federal FLSA law.

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Four drops

State law protects all working breastfeeding mothers AND additional state legislation protects specific populations OR mandates lactation accommodations for specific locations.

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Five drops

The gold standard. State law protects all working breastfeeding mothers, identifies standards for lactation spaces (e.g., access to a refrigerator), AND additional state legislation protects specific populations AND mandates lactation accommodations for specific locations.