San Francisco Mayor Ed Lee signed the “Lactation in the Workplace Ordinance” (Ordinance), increasing protections for nursing mothers working in San Francisco. The Ordinance becomes effective January 1, 2018, and it applies to anyone employed within the “geographic boundaries” of San Francisco.
Lactation Rooms
The Ordinance expands federal and California law regarding lactation in the workplace by requiring that nursing mothers be provided a room that is safe, clean, and free of toxic or hazardous materials to express milk. The room must also contain a surface to place a breast pump and other personal items, have a place to sit, and have access to electricity, a refrigerator, and a sink. The room may be used for multiple purposes, but employees must be put on notice that lactation takes precedence over other uses for the room.
Lactation Accommodation Policy
The Ordinance requires that every employer maintain a written lactation accommodation policy. The policy must include the following:
- A statement of the right to request a lactation accommodation.
- A process for requesting an accommodation. This process shall:
- specify the means by which an employee may submit a request;
- require the employer to respond to any such request for accommodation within 5 business days; and
- require the employer and employee to engage in an interactive process to determine the appropriate accommodations.
- State that if in response to a request for accommodation the employer does not provide the accommodation, the employer must provide a written response which identifies the basis for denial of the request.
- Notice that retaliation in response to a request is prohibited.
The policy must be distributed upon hire, included in any handbook and provided to any employee who inquires about or requests pregnancy or parental leave.
Recordkeeping Obligations
Employers will be required to maintain a record of employee requests for lactation accommodations for three years. The record must include the employee’s name, the date of the request, and a description of how the employer addressed the request.
Undue Hardship Exemption
Employers may be exempt from the Ordinance if its requirements would impose an undue hardship. Examples of an undue hardship may include performing construction to comply, removing seating from a restaurant, or removing retail floor space.
Coverage: Employers with employees working in the “geographic boundaries” of San Francisco.
Effective: January 1, 2018
Action Required: You should familiarize yourself with your new obligations. You should also modify your policies and/or practices to ensure that your supervisors are prepared to receive and respond to your employees’ requests for accommodation or notify the appropriate employer representative of such requests.
As always, please be sure to contact your HR Business Partner if you have any questions.
* Produced in cooperation with Jackson Lewis P.C.