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District Policies

Viewing Policy: SP 4033 Lactation Accommodation



The San Benito County Superintendent of Schools (County Superintendent) recognizes the immediate and long-term health advantages of breastfeeding for infants and mothers and desires to provide a supportive environment for any district employee to express milk for her infant child upon her return to work following the birth of the child. The County Superintendent prohibits discrimination, harassment, and/or retaliation against any district employee who chooses to express breast milk for her infant child while at work.


(cf. 4030 – Nondiscrimination in Employment)


The San Benito County Office of Education (SBCOE) shall provide a reasonable amount of break time to accommodate an employee each time she has a need to express breast milk for her infant child. [Labor Code 1030]


To the extent possible, such break time shall run concurrently with the break time already provided to the employee. Any additional break time used by a non-exempt employee for this purpose shall be unpaid.  [Labor Code 1030; 29  United States Code (USC) 207]


The employee shall be provided a private location, other than a restroom, which is in close proximity to her work area and meets the requirements of Labor Code 1031 and 29 USC 207, as applicable.


Employees are encouraged to notify their supervisor or other appropriate personnel in advance of their intent to make use of the accommodations offered for employees who are nursing mothers. As needed, the supervisor shall work with the employee to address arrangements and scheduling in order to ensure that the employees’ essential job duties are covered during the break time.


Lactation accommodations may be denied only in limited circumstances in accordance with law.  [Labor Code 1032; 29 USC 207]


Before an employee’s supervisor makes a determination to deny lactation accommodations, he/she shall consult the County Superintendent or designee. In any case in which lactation accommodations are denied, the County Superintendent or designee shall document the options that were considered and the reasons for denying the accommodations.




Policy Approved:       10-12-20