Chapter 3 – Personnel, Training, and Employee Relations

31040.4.6 Lactation Accommodation

• Revised February 18, 2021

• Employees have a right to request a lactation accommodation. It is the policy of the CDCRCalifornia Department of Corrections and Rehabilitation to make every reasonable effort to provide a lactation accommodation for employees as required by state and federal law. This policy shall be distributed to new employees upon hiring, and when an employee makes an inquiry about or requests parental leave.

• Employees may request verbally, in writing, or via CDCRCalifornia Department of Corrections and Rehabilitation Form 855, Request for Reasonable Accommodation, for a lactation accommodation to express breast milk for their child. The Return-to-Work Coordinator (RTWCReturn To Work Coordinator) shall process all requests and submit to the Hiring Authority (HA) to make the determination and provide written notice of the decision to the employee within ten calendar days from the receipt of the request from the employee.

• Employees utilizing a lactation accommodation shall be entitled to a reasonable amount of break time each time the employee has a need to express milk, to be used concurrently with any break time already provided. Employees who do not have authorized breaks may use available leave credits or take unpaid leave during the time spent expressing milk.

• CDCRCalifornia Department of Corrections and Rehabilitation shall provide the employee with the use of a safe and private, locking room or location, as close in proximity to the employee’s work area as reasonably possible. The lactation room or other private location shall comply with the following:

  • Not be in a restroom.

  • Be shielded from view and free from intrusion. Any existing windows must be covered for the employee during lactation.

  • Be safe, clean, and free from hazardous materials.

  • Contain seating and a surface to place a breast pump or personal items.

  • Have access to electricity or alternative devices needed to operate an electric or battery-powered breast pump.

  • Must meet privacy, safety, and security requirements.

• Peace officers, or other classifications that are required to wear a protective vest, a vest re-fit may be needed.

• Essential functions shall not be waived for employees granted a lactation accommodation.

• If an employee has not been properly accommodated or has been denied a lactation accommodation break, the employee should notify their supervisor or RTWCReturn To Work Coordinator immediately. Employees also have a right to file a complaint with the California Labor Commissioner’s Bureau of Field Enforcement (BOFE) for any violations of their lactation accommodation rights.

• For contract employees, the HA shall either provide lactation accommodations, or provide a safe and secure location for a subcontractor employer to provide a lactation accommodation on the worksite, and provide written notice of the decision to the employee within two business days from the receipt of the employee’s written request.