Can we deny an employee’s request to express breast milk at work and tell them to return to work when they no longer have this need?

No, you may not deny the employee’s request to express milk at work or keep them from returning to work until they no longer have that need.

Both California and federal law require that all employers, regardless of company size, reasonably accommodate an employee’s request to express milk in private at work.

Federal law limits the time for this accommodation to 1 year. California, however, has no time limit.

An employee has the right to file a claim with the Labor Commissioner if the employee feels that the employer has not provided adequate break time and/or a suitable place to express milk. The Labor Commissioner may issue a citation and impose a $100 civil penalty for each violation. Failure to comply with the state’s lactation accommodation requirements will be deemed a violation of Labor Code section 226.7, exposing employers to increased risk of litigation, including claims under the Private Attorneys General Act.

In addition, some local jurisdictions have enacted their own ordinances. For those employers that have employees working in San Francisco, San Francisco's Lactation in the Workplace Ordinance applies to all private employers with one or more employees working within the geographical boundary of the city.

Consult legal counsel if you are considering denying an employee’s request for lactation accommodation.

Read more about Employees Expressing Breast Milk at Work, including lactation space requirements, in the HR Library.