Legal Question in Employment Law in California

The new mother has several rights granted by California law.

LACTATION ACCOMMODATION

Labor Code �1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee�s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.

Labor Code �1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee�s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.

Labor Code �1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.

Labor Code �1033. (a) An employer who violates any provision of this chapter shall be subject to civil penalty in the amount of one hundred dollars ($100) for each violation.

(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.

(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

PAID MATERNITY LEAVE

California is one of the few states that has paid maternity leave. If the mother delivered vaginally, she is entitled to 6 weeks' paid maternity leave. If the mother had a C-section, she is entitled to 8 weeks' paid maternity leave.

California also has Paid Family Leave, which is described here: http://www.edd.ca.gov/Disability/PFL_Forms_and_Publications.htm.

Paid Family Leave runs concurrently with paid California maternity leave.

Under California law, which is enforced by the Department of Fair Employment and Housing (DFEH), an employer may not discriminate against any employee because of his or her gender, or status as a parent.

Put simply, an employer needs to reasonably accommodate a new breast feeding mother.

As an employment lawyer, it's rare to hear from a non-management employee so adversely affected by the considerable legal protections afforded a new mother in the workplace (as detailed by Ms. Mulvihill). It sounds like this woman is taking advantage of the situation and you and your co-workers in the process. Unfortunately, because even the most groundless pregnancy discrimination claim this woman could potentially file would cost your employer thousands of dollars to defend, it's not likely they would take your side in a dispute with the woman. If you have any concerns about your continued employment with the company, it might be advisable (though understandably infuriating) to apologize or drop the matter.

Ari Leichter

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Leichter Law Firm

3580 Wilshire Blvd., Suite 1440

Los Angeles, CA 90010

Phone: (213) 381-6557

Fax: (888) 801-6629

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www.leichterlawfirm.com

For your sake, you should hope the mother and your employer don't deem your comments to be a violation of the mother's right to accommodation and a discrimination/harassmetn free workplace, for which you might be disciplined. Such comments should have been made in confidence to HR, not to the mother.

The grounds for a complaint from other employees would be that the accommodation of the mother is somehow creating a 'hostile' environment. That might be the case of a boss's favored girlfriend bullying others, or the girlfriend being fondled in the workplace.

Similar to the other answers, this is what I tell clients that applies to the mother:

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition� that is properly confirmed and documented by your doctor, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.