314-lactation-breaks

Copyright Lexipol, LLC 2025/02/ 12, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Lactation Breaks Policy - 1 Santa Clara County Sheriff's Office Custody Manual Lactation Breaks 314.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express milk for the employee's infant child (Labor Code § 1034). 314.2 POLICY It is the policy of the Santa Clara County Sheriff's Office to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express mil k for their nursing infant child. (29 USC § 207; Labor Code § 1030). This policy is in direct guidance from the County Board of Supervisors Lactation Accommodation Policy. This policy will not be less restrictive than the County Board Policy at any point but can be more restrictive. 314.3 LACTATION BREAK TIME A rest period should be permitted each time the employee has the need to express milk (29 USC § 207; Labor Code § 1030). In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030). Employees desiring to take a lactation break shall notify County Communications, Central Control, or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt office operations (Labor Code § 1032). Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 314.4 PRIVATE LOCATION The Office shall accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view, free from intrusion from coworkers and the public (29 USC § 207; Labor Code § 1031). The lactation room should be safe, clean, and free of hazardous materials (as defined in Section 6382); it must contain a surface, provide a place to sit, and have access to electricity or alternative devices (including, but not limited to extension cords or charging stations) needed for operating an electric or battery -powered pump (Labor Code §1031). Policy 314 Docusign Envelope ID: DBCAC1B4-3D47-4D8A-999C-7E7E88392613 Santa Clara County Sheriff's Office Custody Manual Lactation Breaks Policy Copyright Lexipol, LLC 2025/02/ 12, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Lactation Breaks Policy - 2 Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. 314.5 STORAGE OF EXPRESSED MILK The Office shall provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee's workspace. If a refrigerator cannot be provided, the Office may provide another cooling device suitable for storing milk (such as an employer -provided cooler) (Labor Code §1031). Any employee storing expressed milk in any authorized refrigerated area within the Office shall clearly label it as such and shall remove it when the employee ends their shift. A hygienic and secure location will be available for employees to store expressed milk. 314.5.1 STATE REQUIREMENTS Employees have the right to request lactation accommodations. If a break time or location accommodation cannot be provided, the supervisor shall provide the employee with a written response regarding the reasons for the determination (Labor Code § 1034). Lactation rooms or other locations should comply with the prescribed feature and access requirements of Labor Code § 1031. Employees who believe that their rights have been violated under this policy or have been the subject of discrimination or retaliation for exercising or attempting to exercise their rights under this policy, are encouraged, but are not required, to follow the chain of command in reporting a violation, and may also file a complaint directly with the Labor Commissioner (Labor Code § 1033). An employer