- Ensuring the that project sponsor - generally, the tenant - in our member buildings is responsible for building the lactation rooms. The ordinance originally listed the building owner as the primary builder.
- Note that this allows for more flexibility in ensuring the rooms are built. Building owners can sometimes be the project sponsor for a tenant improvement.
- Our members also added language that defines what a project sponsor is: "the party that constructs the tenant improvements for an end user’s occupancy."
- Increasing the requirements that trigger the construction of lactation rooms.
- Three primary requirements for project sponsors to build lactation rooms in the employer's space are:
- When there is a tenant improvement in the interior of the building;
- The gross square footage of the interior space designated for employee only use and included in the project is at least 15,000 square feet.
- BOMA members were able to increase this requirement from 10,000 to 15,000;
- And, the estimated cost of the project stated in the building application is over $1,000,000.
- BOMA members advocated to increase the cost from $500,000 to $1,000,000, and that the amount be stated on the building application.
BOMA San Francisco members, staff, and San Francisco Business Community members have been working with San Francisco Supervisor Katy Tang (District 4 - Sunset) regarding her recently introduced proposal: Lactation in the Workplace.
NOTE that the BOMA San Francisco Government Affairs Committee will be meeting with Supervisor Tang on April 5th to discuss this ordinance. Please email the Chair of the Committee, Marty Smith at firstname.lastname@example.org and email@example.com if you'd like to attend and provide your feedback. The measure will be moving quickly through the San Francisco City Hall legislative process in April so your involvement is appreciated.
A similar law introduced by Supervisor Tang and enacted in 2016 created a policy to help city employees transition back to work after having a child. The Lactation Accommodation Policy for city workers provides new mothers with lactation accommodations and encourage flexibility in the workplace.
The Supervisor would like the private sector to follow San Francisco's lead and help mothers as they come back to work. BOMA members feel that employees should be supported in reasonable way that makes sense to the small business tenant, building owner, and to the employees.
- Requires employers to provide employees breaks and a location for lactation;
- Have employers provide a policy regarding lactation in the workplace that specifies a process by which an employee will make a request for accommodation;
- Defines minimum standards for lactation accommodation spaces;
- Requires newly constructed or renovated buildings designated for certain uses include lactation rooms;
- Amends the San Francisco Building Code to specify the technical specifications of lactation rooms for new or renovated buildings designated for certain use.
- There is a project to renovate the interior of the building;
- The gross square footage of the interior space designated for employee only use (not public) and included in the renovation project is at least 10,000 square feet;
- And, the estimated cost of the renovation project is over $500,000.