PREGNANCY/NURSING MOTHERS

Employees with a child under 1 year of age shall be provided with reasonable break times and a clean, private place other than a bathroom to express breast milk unless it would cause an undue hardship.

As needed, pregnant employment candidates and employees are provided reasonable accommodation for conditions relating to pregnancy, childbirth, or a related medical condition unless it would cause an undue hardship.

Click on below headings for more information on this topic

BREAKS

If an employee determines that her rest periods are not sufficient to express milk, an agency shall:

  • Approve the use of accrued annual leave (for which the employee is eligible to use), accrued compensatory time or leave without pay to make up the difference between her normal rest period and the time she uses to express milk and for reasonable breaks other than her rest periods to express milk; or
  • Permit the employee to modify her work schedule to make up the difference between her normal rest period and the time she uses to express milk and for reasonable breaks other than her rest periods to express milk.

COMPLAINT (pursuant to Assembly Bill 113 of the 2017 Legislative Session)

An employee may file a complaint with the Employee - Management Committee, if he or she:

  • Is not satisfied with the response by the employee's agency or there is no response by the agency to a request for reasonable break times and/or a place to express milk; or
  • Alleges that an employee or officer has retaliated against the employee for
    • The use of break times or a place to express milk; or
    • Any action to ensure compliance with the requirements to allow an employee to express breast milk.

DISCRIMINATION/RETALIATION

It is an unlawful employment practice, with certain limited exceptions, for an employer to:

  • Take adverse employment actions against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth, or a related medical condition;
  • Deny an employment opportunity to a qualified female employee or applicant for employment based on a need for a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth, or a related medical condition; and
  • Require a female employee or applicant for employment who is affected by a condition relating to pregnancy, childbirth, or a related medical condition to accept an accommodation or to take a leave from employment if an accommodation is available.

FORMS

ADDITIONAL RESOURCES

ASSOCIATED TOPICS