San Francisco Unified School District and County Office of Education
Board Policy 4033
All Personnel – Lactation Accommodation
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
The Governing Board recognizes the immediate and long-term health benefits of breastfeeding and desires to provide a supportive environment for any District employee to express milk for an infant child upon returning to work following the birth of the child. The Board prohibits discrimination, harassment, and/or retaliation against any District employee for seeking an accommodation to express breast milk for an infant child while at work.
(cf. 4030 – Nondiscrimination in Employment)
The District shall provide a reasonable amount of break time to accommodate an employee each time the employee has a need to express breast milk for an infant child. (Labor Code 1030) To the extent possible, any break time granted for lactation accommodation shall run concurrently with the break time already provided to the employee. Any additional break time used by a non-exempt employee for this purpose shall be unpaid. (Labor Code 1030; 29 USC 207)
The employee shall be provided the use of a private room or location, other than a bathroom, which may be the employee’s work area or another location that is in close proximity to the employee’s work area. The room or location provided shall meet the following requirements: (Labor Code 1031 and 29 USC 207)
- Is shielded from view and free from intrusion while the employee is expressing milk
- Is safe, clean, and free of hazardous materials, as defined in Labor Code 6382
- Contains a place to sit and a surface to place a breast pump and personal items
- Has access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump
- Has access to a sink with running water and a refrigerator or, if a refrigerator cannot be provided, another cooling device suitable for storing milk in close proximity to the employee’s workspace
If a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over other uses for the time it is in use for lactation purposes. (Labor Code 1031)
Lactation Accommodation Requests
- Before the start of an employee’s child bonding leave, or upon request, the District will provide the employee with a “Request for Lactation Accommodation” form and a copy of this policy. The Request for Lactation Accommodation form is available online to all employees.
- The employee should be instructed to complete the accommodation request form and return it to the District’s ADA Compliance Manager and the employee’s supervisor as soon as possible and no later than 10 business days before returning from leave. Employees shall notify their supervisors or other appropriate personnel in advance of the intent to request an accommodation.
- If necessary, the ADA Compliance Manager will discuss any impact on workload and/or work schedule with the employee and employee’s manager. This will help balance the lactation accommodation with the District’s needs and ensure that the employee’s essential job duties are covered during break time.
- Before a determination is made to deny lactation accommodations to an employee, the employee’s supervisor shall consult with the Superintendent of designee. When lactation accommodations are denied, a written response to the lactation accommodation request must be provided to the employee. (Labor Code 1034)
Lactation accommodations shall be granted unless limited circumstances exist as specified in law. (Labor Code 1031, 1032; 29 USC 207)
43.3 Right of mothers to breastfeed in any public or private location
GOVERNMENT CODE
12940 Discriminatory employment practices
12945 Discrimination based on pregnancy, childbirth, or related medical conditions
LABOR CODE
1030-1033 Lactation accommodation
CODE OF REGULATIONS, TITLE 2
7291.2-7291.16 Sex discrimination; pregnancy and related medical conditions
UNITED STATES CODE, TITLE 29
207 Fair Labor Standards Act; lactation accommodation
FAIR EMPLOYMENT AND HOUSING COMMISSION DECISIONS
Department of Fair Employment and Housing v. Acosta Tacos (Chavez),FEHC Precedential Decision 09-03P, 2009
Management Resources:
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS PUBLICATIONS
Rest Periods/Lactation Accommodation, Frequently Asked Questions
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH PUBLICATIONS
Minimum Requirements of the California Lactation Accommodation Law
CENTERS FOR DISEASE CONTROL AND PREVENTION PUBLICATIONS
Lactation Support Program Toolkit
FEDERAL REGISTER
Reasonable Break Time for Nursing Mothers, December 21, 2010, Vol. 75, No. 244, pages 80073-80079
OFFICE OF THE SURGEON GENERAL PUBLICATIONS
The Surgeon General’s Call to Action to Support Breastfeeding, 2011
HEALTH RESOURCES AND SERVICES ADMINISTRATION PUBLICATIONS
The Business Case for Breastfeeding: Steps for Creating a Breastfeeding Friendly Worksite, Toolkit, 2008
U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION, PUBLICATIONS
Fact Sheet #3: Break Time for Nursing Mothers under the FLSA, rev. December 2010
WEB SITES
California Department of Industrial Relations, Division of Labor and Standards Enforcement: http://www.dir.ca.gov/dlse
California Department of Public Health: http://www.cdph.ca.gov
California Women, Infants and Children: http://www.wicworks.ca.gov
Centers for Disease Control and Prevention: http://www.cdc.gov
Health Resources and Services Administration: http://www.hrsa.gov
Office of the Surgeon General: http://www.surgeongeneral.gov
U.S. Department of Labor, Wage and Hour Division, Break Time for Nursing Mothers: http://www.dol.gov/whd/nursingmothers
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.