Lactation Policy

University Policy 101.20, Lactation Policy

Executive Summary: 

The purpose of this policy is to provide nursing mothers who are employees with a private place and reasonable break time to express breast milk for her nursing child for up to one year after the child’s birth.  This policy is in accordance with the U.S. Department of Labor Wage and Hour Division and the Patient Protection and Affordable Care Act (PPACA) which amended Section 7 of the Fair Labor Standards Act (FLSA).

Purpose

The purpose of this policy is to provide nursing mothers who are employees with a private place and reasonable break time to express breast milk for her nursing child for up to one year after the child’s birth.  This policy is in accordance with the U.S. Department of Labor Wage and Hour Division and the Patient Protection and Affordable Care Act (PPACA) which amended Section 7 of the Fair Labor Standards Act (FLSA).

Scope

The policy applies to all nursing mothers who are university employees for a period of one (1) year after the birth of that employee’s child.  The provisions set forth in Section 2.b. herein apply to such employees who are hourly employees (non-exempt under the Fair Labor Standards Act).

Policy

1. Request for Time Off to Express Milk

Nursing employees should provide reasonable notice to their supervisor of the intent to take lactation breaks.  Supervisors should attempt to provide as much schedule flexibility and break time as reasonably possible to accommodate the employee’s needs.  Employees must give notice of breaks to supervisors and are required to provide notice to their supervisor when time for expressing breast milk is no longer required.

2.  Reasonable Break Times

  1. Any employee who is breastfeeding her child will be provided reasonable break times to express milk for her newborn up to one year after the child’s birth.  The number of breaks needed to express milk may depend on numerous factors such as the number of feedings and age of the child.  A nursing mother will typically need two to three breaks during an eight hour period; however, more reasonable break times may be necessary. 
  2. Lactation breaks may be taken during existing break periods as designated by the employee’s department.  Lunch breaks may be shortened to account for a morning and an afternoon lactation break.  If the employee uses time other than a regularly scheduled break time or if the employee’s department does not have designated break times, then the employee will be required to either: (1) make up that time during the same work day; (2) use vacation leave; or (3) take leave without pay for that period of time.  Subject employees may also arrive at work earlier than the regular starting time or leave later than the regular departure time to account for lactation breaks.

3.  Lactation Locations

The University has a designated lactation room (A Mother's Place) in CHHS 305 (building 63 on this map) and a designated lactation room (A Mother's Place "Too") in Atkins G38  (building 4 on this map), and is working to identify others.  Lactation locations must be private, shielded from view, and not located in a restroom or common area.  If an employee has a private office, it may be used for this purpose.  If a dedicated lactation room is not accessible, supervisors should consider other options such as reserving a conference room as needed, adapting a clean and infrequently used small storage area, or converting an unused office or other room.  If possible, the lactation location will contain a chair, electrical outlet, a small table or other flat surface, and a door with a lock.  Employees may contact the Benefits Office in the Human Resources Department for a list of current lactation locations.

4. Storage of Breast Milk

The University is not responsible for the integrity or security of breast milk stored in any refrigerator on campus.  Nursing mothers may use campus refrigerators or may bring personal coolers to store breast milk.

Employees must provide their own containers for storage of expressed milk while on campus.  Employees should check with supervisors to determine if there is a refrigerator available near their work area where breast milk may be stored.  If there is no refrigerator available, employees must provide their own means to store and keep the milk cool, such as a cooler bag.

Revision History: 
  • Initially approved January 4, 2012
  • Updated August 8, 2014
  • Updated September 13, 2016
  • Updated November 18, 2016

Status: Newly Approved

Authority: Chancellor

Responsible Office:  Business Affairs

Related Resources