Overview: Washington has enacted legislation stating a mother has the right to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement. Discrimination against a mother breastfeeding her child is prohibited.
Effective Date: July 28, 2019
Details:
Reasonable Accommodation
Effective July 28, 2019, an employer must provide reasonable accommodations in connection with employee's pregnancy and pregnancy-related health conditions, including the need to express breast milk. "Reasonable accommodations" include:
· providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has need to express the milk; and
· providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which an employee may use to express breast milk.
If the business location does not have a space for the employee to express milk, the employer must work with the employee to identify a convenient location and work schedule to accommodate the employee's needs.
Family-Friendly Employment Designation
Washington encourages employers to accommodate breastfeeding mothers and has set up an incentive program for employers that allows them to advertise as "infant friendly" if they set up lactation support for their employees. To use the "infant-friendly" designation on promotional materials, employers must have an approved workplace breastfeeding policy addressing the following:
· Flexible work scheduling, including permitting breaks and work patterns that provide time for expressing breast milk;
· A convenient, sanitary, safe and private locations (other than restrooms), allowing privacy for breastfeeding or expressing breast milk;
· A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location; and
· A convenient hygienic refrigerator in the workplace for the mother's breast milk.
Employers seeking approval of a workplace breastfeeding policy must submit the policy to the state health department.
Action Required: Employers in Washington should ensure compliance with requirements of the law. Covered employers should also train supervisors on how to respond to accommodation requests.
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*Produced in partnership with Littler Mendelson P.C.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.