Pregnant, Nursing and/or Parenting Employees & Students

Lactation Rooms for Nursing Mothers

Lactation rooms for nursing mothers can be found in the following areas:

  1. J. Paul Leonard Library - LIB267
  2. Mashouf Wellness Center- MWC115
  3. Marcus Hall - T336
  4. Student Advising Center - ADM 229

STUDENTS - For information on accessing lactation rooms and other support visit Health Promotion & Wellness

EMPLOYEES - For information on access to lactation rooms and other support visit Human Resources 

STUDENTS WHO ARE PREGNANT, PARENTING OR NURSING

Title IX prohibits sex and gender discrimination — including discrimination on the basis of pregnancy, childbirth, and parental status — in the educational setting for all institutions that receive federal financial assistance. As such, Title IX protects students who are pregnant, parenting or nursing from discrimination. Here are some specific resources about our obligations in this regard:

If you have questions about any of this  information, please contact Health Promotion & Wellness at hpw@sfsu.edu.

 

EMPLOYEES WHO ARE PREGNANT OR NURSING

We are obligated under both federal and state laws to provide reasonable locations and break time for new parents who need to breastfeed. California, as would be expected, is particularly progressive on this front. Further, we cannot discriminate for employment purposes against pregnant or nursing employees. Here are some online resources we can provide to supervisors:

Here is a summary of the relevant CA state laws (Source: US Department of Labor)

Protection Against Pregnancy Discrimination

The California Fair Employment and Housing Act prohibits employment discrimination on the basis of sex, which is explicitly defined to include discrimination on the basis of pregnancy, childbirth, breastfeeding, or related medical conditions. This law applies to employers with five or more employees, except religious non-profit organizations.

Cal. Gov't Code §§ 12926, 12940.

Provisions for Pregnancy Accommodation

Women temporarily disabled by pregnancy, childbirth, or a related medical condition are entitled to unpaid leave for as long as they remain disabled, up to four months. During that period, the employer must continue to provide the employee with the same level of health insurance coverage she received prior to taking leave. This law applies to employers with five or more employees, regardless of the worker's tenure or number of hours worked.

Cal. Gov't Code § 12945(a)(1)-(2).

Employers are also required to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of her health care provider. If the employer has a policy or practice of transferring temporarily disabled employees to less strenuous positions for the duration of their disability, the employer must do the same for its pregnant employees.

Cal. Gov't Code § 12945(a)(3).

Workplace Breastfeeding Rights

Employers cannot discriminate against women for breastfeeding or breastfeeding-related medical conditions.

Cal. Gov't Code §§ 12926, 12940.

An employer must provide reasonable unpaid break time to a woman to express breast milk, unless doing so would seriously disrupt the employer's business. If possible, the break time must occur during the employee's ordinary break time. The employer must make a reasonable effort to provide the mother with a private space close to her work area, other than a bathroom, to express breast milk.

Cal. Labor Code §§ 1030-1033.