San Francisco County Municipal Code Art. 31 Lactation in the Workplace

Sec. 31.1. Title. Sec. 31.2. Findings and Purpose. Sec. 31.3. Definitions. Sec. 31.4. Lactation Accommodation. Sec. 31.5. Required Policy and Process for Requesting Lactation Accommodation. Sec. 31.6. Employer Records. Sec. 31.7. Exercise of Rights Protected; Retaliation Prohibited. Sec. 31.8. Implementation and Enforcement. Sec. 31.9. Creation of Employer Best Practices, Model Policy, and Model Request Form.

*Editor’s Note: Former Police Code Article 33I (“Lactation in the Workplace”) was redesignated as Labor and Employment Code Article 31 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 31 shall be known as the “Lactation in the Workplace Ordinance.” (Added as Police Code Sec. 3300I.1 by Ord. 131-17, File No. 170240, App. 6/30/2017, Eff. 7/30/2017, Oper. 1/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

For purposes of this Article 31, the following definitions shall apply: “Agency” shall mean the Office of Labor Standards Enforcement or any successor department or office. “Employee” shall mean any person who is employed within the geographic boundaries of the City by an Employer, including part-time Employees. “Employer” shall mean any person as defined in Section 18 of the California Labor Code who employs an Employee working in the City. Notwithstanding the previous sentence, Employer shall not include the City or any governmental entity. “Lactation Accommodation” shall mean Lactation Breaks and Lactation Location. “Lactation Break” shall mean the break time an Employer is required to provide an Employee for purposes of expressing breast milk. “Lactation Location” shall mean the space, room, or location an Employer must provide an Employee for purposes of expressing breast milk. (Added as Police Code Sec. 3300I.3 by Ord. 131-17, File No. 170240, App. 6/30/2017, Eff. 7/30/2017, Oper. 1/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

An Employer shall maintain a record of the initial written request or any update to the initial request for Lactation Accommodation made pursuant to the policy required by Section 31.5(a)(2). The record shall include the name of the Employee, the date of the request, and a description of how the Employer resolved the request. Employers shall retain documentation required under this Article 31 for a period of three years from the date of the request for Lactation Accommodation, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article 31. When an issue arises as to an alleged violation of this Article 31, if the Employer has failed to maintain or retain documentation required under this Article 31, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated this Article 31, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300I.6 by Ord. 131-17, File No. 170240, App. 6/30/2017, Eff. 7/30/2017, Oper. 1/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 31 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Added as Police Code Sec. 3300I.10 by Ord. 131-17, File No. 170240, App. 6/30/2017, Eff. 7/30/2017, Oper. 1/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)