In addition to a ban on questions about salary history and the start of mandatory Paid Parental Leave, San Francisco employers must prepare for city-specific lactation accommodation requirements. Starting in 2018, employers in San Francisco will have to comply with federal, state, and city laws on lactation accommodation.
The Lactation in the Workplace Ordinance requires any employer with an employee working in the city of San Francisco to provide:
- A reasonable amount of break time for an employee to express breast milk. This break time may be unpaid when it does not coincide with an employee's rest period.
- A location for an employee to express breast milk, other than a bathroom, close to the employee's work area that is shielded from view and free from intrusion. The location must: be safe, clean, and free from toxic and hazardous materials; contain a surface to place a breast pump and other personal items; contain a place to sit; and have access to electricity.
- Access to a refrigerator to store breast milk and a sink with running water, within close proximity to the employee's work area.
An undue hardship exemption may be available to the above requirements.
Covered employers must also provide a policy regarding lactation accommodation at the time of hire, when an employee requests lactation accommodation, and when an employee inquires about parental leave. The policy must also be placed in employee handbooks. The policy must:
- Include a statement that employees have a right to request an accommodation;
- Identify how an employee may request an accommodation;
- Require the employer to respond to the request within five business days;
- Require both the employee and employer to engage in the interactive process to determine a break schedule and a location to express breast milk;
- State that the employer will provide a written reason when denying an accommodation request; and
- Prohibit retaliation against an employee for exercising lactation accommodation rights.
The City plans to provide a model policy for employers along with interpretive rules in the coming months.
Employers must maintain records of the name of the employee making the request, the date of the request, and the employer's resolution for a period of three years. As welcome news to employers, the City will only issue warnings and notices to correct in 2018. Beginning in 2019, the City will issue a notice to correct and provide a reasonable time to correct, but thereafter, uncorrected violations may result in penalties of up to a $500 plus $50 per day for each employee who suffered a violation.
Your Lewis Brisbois employment law attorney can assist you in complying with the lactation accommodation ordinance or any other ordinance that employers in San Francisco face.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
