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UC DAVIS: Vice Chancellor - Administration April 26, 2002 DEANS, DIRECTORS, DEPARTMENT CHAIRS, AND CAMPUS/UCDMC ADMINISTRATIVE OFFICERS RE: California Laws Regarding Breastfeeding I am writing to clarify the University's obligations to accommodate employees and students who are nursing mothers pursuant to state laws. California Civil Code Section 43.3 (1997), Breastfeeding Rights, provides that a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and child are authorized to be present. California Assembly Concurrent Resolution ACR 155 (1998) encourages employers (including the state and University) to support the practice of breastfeeding, to accommodate the needs of lactating employees, and to provide facilities for breastfeeding and expressing milk. Section 1030 et seq. was added to the California Labor Code on January 1, 2002 with the passage of California Assembly Bill 1025 (2001). It requires all employers to provide a reasonable amount of break time to employees desiring to express breast milk for their infant children. The time may run concurrently with an employee's paid rest break. If that is not possible, the University must make available a separate break time, but it may be unpaid. The University may refuse to accommodate a nursing mother only if its operations would be "seriously disrupted" by providing such breaks. The new law also requires the University to provide appropriate space (other than a toilet stall), in close proximity to the employee's work area, for the employee to express milk in private. The location may be the place where the employee normally works if there is adequate privacy. Research cited by the U.S. Department of Health and Human Services and the Healthy People 2000 initiative of the Clinton Administration indicates the nutritional, medical and psychosocial benefits of breastfeeding to women and children, as well as cost-effectiveness for employers. Since 1995 UC Davis has sponsored a Breastfeeding Support Program providing lactation sites, equipment and consultation to campus affiliates. This winter the Program was awarded the Innovative Excellence Award for creativity and innovation in work/life programming from the Alliance for Work/Life Professionals. In addition to complying with the law, assistance to nursing mothers improves the quality of work/life at UC Davis in keeping with the Chancellor's commitment noted in his convocation speech this fall. For further information and assistance, please contact Program Manager Barbara Ashby at Child Care & Family Services, (530) 752-5415, http://www.hr.ucdavis.edu/childcare. Dennis Shimek Associate Vice Chancellor - Human Resources 02-060
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