Pol-Lactation Accommodations

policy policy lactation accommodations modified Wed Oct 12 2022 09:11:44 GMT-0400 (Eastern Daylight Time)

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University of Louisville

OFFICIAL
UNIVERSITY
ADMINISTRATIVE
POLICY

POLICY NAME

Lactation Accommodations

EFFECTIVE DATE

May 21, 2019

POLICY NUMBER

PER-1.22

POLICY APPLICABILITY

This policy applies to University of Louisville employees (administrators, faculty, and staff).

REASON FOR POLICY

The purpose of this policy is to ensure University of Louisville employees who are nursing are provided lactation accommodations in accordance with applicable federal and state laws and consistent with the university’s values and commitment to provide a great place to work.

POLICY STATEMENT

The University of Louisville (UofL) recognizes the importance and benefits of breastfeeding for mothers and their children and is committed to promoting a family-friendly work environment. UofL will provide its employees who are nursing with reasonable break times and a private place, other than a bathroom, to express breast milk. Mothers are responsible for requesting lactation support prior to or during maternity leave. Supervisors who receive a request are responsible for identifying a lactation space and providing appropriate break times.

UofL and its employees acknowledge that consistent with Kentucky law a nursing mother may breastfeed a child or express breast milk in any private or public location where the mother and child are otherwise authorized to be and will not interfere with, discriminate against, and/or prohibit a nursing mother from conducting these activities. Noncompliance with this policy may result in sanctions, corrective actions, and/or disciplinary actions, up to and including termination in accordance with university policies.

Reasonable Break Times:

Supervisors must allow employees who are nursing to take reasonable break times, including extended break times, to express breast milk. An employee’s regular break time may need to be extended for a nursing employee if the employee needs additional time to express milk or travel to the nearest available designated lactation space, especially when a lactation space is not in the immediate vicinity of the workspace. Supervisors and employees are to follow PER 4.11 Rest Periods/Meal Periods when determining if a break time is paid or unpaid. 

The frequency of breaks needed to express breast milk as well as the duration of each break will vary. Frequency depends on factors such as the age of the baby, number of breast feedings in the baby's normal daily schedule, and whether the baby is eating solid food. Nursing mothers typically need two to three breaks during an eight-hour shift. The act of expressing breast milk typically takes about 15 to 20 minutes, but factors such as the location of the private place and the amenities nearby (such as proximity to employee's work area, availability of sink for washing, location of refrigerator or personal storage for the milk), as well as the mobility of the nursing mother, can affect the length of break a nursing employee needs to express and store milk. Supervisors and employees shall work together to establish mutually convenient times for breaks.

Lactation Spaces

UofL will provide lactation spaces in proximity to the nursing mother’s work area for the employee to express milk in private.

  • Lactation spaces must be adequately spaced throughout campus to allow access within a five-minute walk from offices and classrooms.
  • The location of the lactation space may be where an employee normally works if there is adequate privacy (e.g. the employee’s office, a lockable conference room or another identified space nearby).
  • If the space is not solely dedicated to the mother’s use, it must be available when needed on a scheduled basis.
  • Per federal guidelines, a public restroom may not serve as a lactation space.

Compliance:

To report a violation of this policy, contact the Employee Relations Office at emrelate@louisville.edu, University Integrity and Compliance Office at compliance@louisville.edu, call the University’s Compliance and Ethics Hotline at 1-877-852-1167, or submit an online report using the hotline’s web-based reporting option. 

RELATED INFORMATION

If a supervisor or employee does not have a designated lactation space within the employee’s office location or nearby, they should consult the inventory of public lactation spaces available on the Women’s Center website at http://louisville.edu/womenscenter/resources/lactation-information.

Applicable federal and state laws:

Kentucky Revised Statute, 211.755

Affordable Care Act, Section 4207

Fair Labor Standards Act, Section 7

Title VII of the Civil Rights Act of 1964

Title IX of the Education Amendments Act of 1972

DEFINITIONS

Private place –A space designated by UofL as a lactation space. It is a space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. The room shall be identified with signage and be equipped with a door that is lockable from the inside, table, chair, trashcan, paper towels, and two duplex electrical outlets. It shall also incorporate space allocation and design for persons with disabilities per ADA standards.

FORMS/ONLINE PROCESSES
ADMINISTRATIVE AUTHORITY

Vice President for Human Resources

RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION

Human Resources
215 Central Avenue, Suite 205
Phone: 502-852-6258
Email: askhr@louisville.edu

HISTORY

Approved by the President’s Cabinet on May 21, 2019.

Revision Date(s): December 14, 2021 (minor edits); August 24, 2022 (minor edit)

Reviewed Date(s):

This policy supersedes the Breastfeeding & Lactation Guidelines emailed to administrators and UBMs and posted as an HR “Item of Interest” on April 14, 2014.

The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.