Today's Law As Amended

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AB-1976 Employment: lactation accommodation.(2017-2018)



SECTION 1.

 Section 1031 of the Labor Code is amended to read:

1031.
 The (a)  An  employer shall make reasonable efforts to provide the an  employee with the use of a room or other location, other than a toilet stall,  bathroom,  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.
(b)  An employer who makes a temporary lactation location available to an employee shall be deemed to be in compliance with this section if all of the following conditions are met:
(1)  The employer is unable to provide a permanent lactation location because of operational, financial, or space limitations.
(2)  The temporary lactation location is private and free from intrusion while an employee expresses milk.
(3)  The temporary lactation location is used only for lactation purposes while an employee expresses milk.
(4)  The temporary lactation location otherwise meets the requirements of state law concerning lactation accommodation.
(c) An agricultural employer, as defined in Section 1140.4, shall be deemed to be in compliance with this section if the agricultural employer provides an employee wanting to express milk with a private, enclosed, and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor.
(d) If an employer can demonstrate to the department that the requirement to provide the employee with the use of a room or other location, other than a bathroom would impose an undue hardship when considered in relation to the size, nature, or structure of the employer’s business, an employer shall make reasonable efforts to provide an 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.