Your Legal Rights When Returning to Work as a Nursing Mother
The short answer is no—your employer cannot legally fire you for requesting breastfeeding accommodations in California. This protection exists under both federal and state law, with California offering some of the strongest workplace protections for nursing mothers in the entire United States. If you’ve been terminated, threatened with job loss, or faced any form of retaliation after asking for lactation breaks or a private space to pump, you may have grounds for a wrongful termination lawsuit. The law is clear: it is illegal for employers to discriminate or retaliate against you for breastfeeding, requesting or taking lactation breaks, or having any medical condition related to lactation.
💡 Pro Tip: Document every conversation about lactation accommodations in writing, including emails, text messages, or notes from verbal discussions. This paper trail becomes crucial evidence if you need to prove retaliation later.
Want to ensure your breastfeeding rights are firmly protected at work? Reach out to RD Law Group APC today. We’re just a call away at (424) 535-1500, or feel free to contact us online to discuss how we can stand by you.
Federal and California Laws Protecting Your Right to Pump at Work
Under the Fair Labor Standards Act (FLSA), employers must provide reasonable break time for nursing mothers to express breast milk, along with a private space that is not a bathroom. This federal protection became effective in 2010 and covers all FLSA-covered employers, with a limited exception for employers with fewer than 50 employees who can demonstrate undue hardship. However, California goes even further with Labor Code Section 1030, which requires every employer—including the state and political subdivisions—to provide reasonable break time each time an employee needs to express milk. Unlike federal law, California doesn’t limit these accommodations based on your child’s age, meaning you have the right to continue expressing milk at work for as many years as needed. If you face termination or retaliation for exercising these rights, a pregnancy discrimination lawyer can help you understand your legal options and protect your employment.
💡 Pro Tip: California law requires employers to have a written lactation policy in place. Request a copy of this policy from HR immediately upon returning from maternity leave or even before—this document outlines your specific rights at your workplace.
What to Expect When Requesting Lactation Accommodations
Understanding the timeline and process for requesting breastfeeding accommodations can help you navigate this transition smoothly while protecting your legal rights. The average parent needs to pump 2-3 times during an 8-hour workday, and your employer must accommodate these needs without penalty. Here’s what you should know about the process and your protections:
- Request accommodations in writing before returning to work, specifying your anticipated pumping schedule and space needs
- Your employer must provide a clean, private room with a place to sit, table or shelf for equipment, and electrical outlet—California law specifically requires these features as of January 2020
- Break time for pumping that doesn’t overlap with your regular breaks will be unpaid, but you cannot be penalized for taking this time
- Multi-tenant buildings can have shared lactation rooms, but your use takes precedence over other purposes when you need to pump
- If your employer refuses accommodations or retaliates, you can file complaints with multiple agencies including the California Division of Labor Standards Enforcement, Department of Fair Employment and Housing, or U.S. Department of Labor
💡 Pro Tip: Thanks to the federal PUMP Act passed in 2022, you can now sue your employer immediately without filing a formal complaint first if they violate break time requirements, indicate no intention to provide private space, or fire you for requesting accommodations.
Protecting Your Job While Asserting Your Breastfeeding Rights
When facing resistance or retaliation for requesting lactation accommodations, taking swift action protects both your employment and your ability to continue breastfeeding. California’s strong protections mean that employers who violate these laws face costly consequences, making it essential for them to comply. If your employer has threatened your job or already terminated you for requesting these legally required accommodations, a pregnancy discrimination lawyer can evaluate your case and help you understand your options. RD Law Group APC has extensive experience helping nursing mothers throughout Los Angeles County who’ve faced workplace discrimination, and we understand the urgency of these situations—you need to pump regularly for your health and your baby’s nutrition, and illegal employer actions shouldn’t force you to choose between your job and your child’s needs.
💡 Pro Tip: Keep detailed records of any negative employment actions that occur after requesting accommodations, including schedule changes, unfavorable assignments, exclusion from meetings, or hostile comments from supervisors or coworkers.
Recognizing Illegal Retaliation and Building Your Case
Retaliation for requesting breastfeeding accommodations can take many forms beyond outright termination. Employers might suddenly find "performance issues" that never existed before, reduce your hours, deny promotions, or create a hostile work environment hoping you’ll quit. These actions violate both the Fair Employment and Housing Act (FEHA) and federal law. Understanding what constitutes illegal retaliation helps you recognize when your rights are being violated. For instance, if your company claims to be laying off employees with the least seniority but retains multiple employees with less tenure than you, this raises serious legal concerns. Working with a pregnancy discrimination lawyer becomes essential when documenting these patterns of discrimination, as they can help identify evidence that proves the real reason for adverse employment actions.
Common Forms of Workplace Retaliation
Beyond termination, retaliation might include being excluded from important projects, receiving unfavorable schedule changes that interfere with pumping needs, or facing increased scrutiny of your work performance. Some employers attempt to force nursing mothers out by making their work environment so uncomfortable they feel compelled to resign. This "constructive discharge" is just as illegal as firing someone outright. If you notice a pattern of negative treatment beginning after you requested lactation accommodations, start documenting everything immediately—dates, times, witnesses, and specific actions taken against you.
💡 Pro Tip: Save all performance reviews from before your pregnancy and lactation accommodation requests. These documents can prove your work quality was satisfactory before you exercised your legal rights, undermining any sudden claims of poor performance.
Your Rights Under California’s Expanded Protections
California provides broader protections than federal law in several key ways that benefit nursing mothers. While federal protections under FLSA might not cover certain employees in airline, railroad, and bus carrier industries, these workers may still have rights under California state law. Additionally, if your employer has five or more employees, you’re entitled to protection from pregnancy discrimination under California law, which includes discrimination related to lactation. The state’s Labor Commissioner’s Office specifically handles complaints related to lactation accommodation laws and conducts investigations, giving you a powerful ally in enforcing your rights. When employers violate these protections, working with an experienced pregnancy discrimination lawyer helps ensure you pursue all available remedies under both state and federal law.
Multi-Agency Enforcement Options
California’s robust enforcement structure means you have multiple avenues for addressing violations. You can file complaints with the California Department of Fair Employment and Housing for discrimination claims, the Division of Labor Standards Enforcement’s Retaliation Investigation Unit for retaliation issues, or the Bureau of Field Enforcement for wage and hour violations related to unpaid pumping time. Each agency offers different remedies and timelines, making it crucial to understand which path best serves your situation. The ability to pursue claims through multiple agencies simultaneously strengthens your position and increases pressure on non-compliant employers.
💡 Pro Tip: Different agencies have different statutes of limitations for filing complaints. Don’t delay in seeking legal counsel if you believe your rights have been violated—waiting too long could limit your options for recovery.
Frequently Asked Questions
Understanding Your Workplace Lactation Rights
Many nursing mothers have questions about their specific rights and what employers must provide. These answers address the most common concerns we hear from employees facing lactation accommodation issues.
💡 Pro Tip: Print out relevant sections of Labor Code Section 1030 and FLSA lactation provisions to have on hand when discussing accommodations with your employer—showing you know the law often improves compliance.
Taking Action Against Discrimination
Knowing when and how to take action against an employer who violates your breastfeeding rights can feel overwhelming, especially when you’re caring for a new baby. These questions help clarify the process and your options.
💡 Pro Tip: Many pregnancy discrimination lawyers offer free consultations to evaluate your case—don’t hesitate to reach out early in the process for guidance on protecting your rights.
1. What exactly must my California employer provide for pumping breast milk?
Your employer must provide a private space that’s not a bathroom, shielded from view and free from intrusion by supervisors, coworkers, and the public. The room must be clean, safe, and free of hazardous materials. As of 2020, it must contain a place to sit, a surface for your pump and supplies, and access to electricity. You’re also entitled to reasonable break time whenever you need to pump, though unpaid if it doesn’t coincide with regular breaks.
2. Can my employer deny lactation breaks if we’re short-staffed?
No, being short-staffed doesn’t excuse your employer from providing legally required lactation accommodations. Only employers with fewer than 50 employees can claim undue hardship, and they must formally demonstrate this to the California Department of Industrial Relations. For all other employers, staffing concerns don’t override your legal right to pump at work.
3. What damages can I recover if fired for requesting breastfeeding accommodations?
If you’re wrongfully terminated for requesting lactation accommodations, you may recover lost wages, benefits, emotional distress damages, and potentially punitive damages. Courts can also order reinstatement to your position. The specific damages depend on factors like how long you’re unemployed, the egregiousness of the discrimination, and whether your employer has a pattern of violations.
4. How long do I have to file a claim for lactation discrimination in California?
Time limits vary depending on which agency you file with. For the Department of Fair Employment and Housing, you typically have three years from the date of discrimination. For the Labor Commissioner, it’s generally one year for retaliation claims. However, these deadlines can be complex, and certain circumstances might extend or shorten them, making it crucial to consult with a California wrongful termination attorney quickly.
5. Should I quit if my employer refuses to provide pumping accommodations?
Don’t quit without first consulting an attorney. Resigning could impact your ability to claim certain damages or unemployment benefits. Instead, document the refusal in writing, file complaints with appropriate agencies, and continue requesting accommodations while seeking legal counsel. If conditions become truly intolerable, an attorney can advise whether you have grounds for a constructive discharge claim.
Work with a Trusted Wrongful Termination Lawyer
Protecting your right to breastfeed while maintaining your career shouldn’t require legal intervention, but when employers violate the law, having experienced legal representation makes all the difference. A wrongful termination lawsuit based on lactation discrimination requires proving the connection between your accommodation requests and adverse employment actions. This often involves gathering documentation, interviewing witnesses, and understanding the interplay between federal and state protections. Attorneys experienced in California pregnancy discrimination laws know what evidence courts find compelling and can help you navigate the various enforcement agencies to maximize your recovery. If you’ve faced termination, demotion, or any retaliation for asserting your legal right to pump at work, don’t wait to seek help—your ability to support your family while nurturing your child depends on swift action to protect your employment rights.
If you’re navigating the challenges of workplace accommodations for breastfeeding, you don’t have to do it alone. RD Law Group APC is ready to assist you in protecting your rights. Call us at (424) 535-1500 or contact us online to ensure your employer honors your needs.
