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Policy No: 2098
Responsible Office: Human Resources
Last Review Date: 10/27/2022
Next Required Review: 10/27/2027
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Lactation Support Program
1. Purpose
In compliance with the Patient Protection and Affordable Care Act (PPACA), the University of South Alabama has adopted this policy in support of employees who choose to breastfeed.
2. Applicability
This policy applies to employees of the University General Division.
3. Definitions
N/A
4. Policy Guidelines
4.1 Duration
Employees are entitled to a private, locked room and reasonable time to express milk for breastfeeding. This will commence upon their return to work after the birth of a child for up to one (1) year.
4.2 University Responsibilities
4.2.1 Breaks
Breastfeeding employees use their breaks and meal times towards expressing breast milk, however extra time is allotted on as needed basis. Pumping needs and schedules are individualized. The employee is responsible for reviewing pumping schedules with their supervisor so both work responsibilities and employee needs are satisfied.
4.2.2 Lactation Space
To the extent reasonably possible, a private space for the purpose of lactation by employees shall be made available. The location provided for expressing breast milk cannot be a bathroom. The location must provide: a clean, private space, a chair, a table or flat surface, a door which can be locked from the inside, an electrical outlet, and nearby access to running water. The location space must be shielded from view and free from any intrusion from co-workers and the public. There is no requirement that a room be set aside solely for the use of nursing mothers to express breast milk during the work day/shift.
The University of South Alabama will not be held liable for any harm caused by or arising out of either (1) the expressing of an employee’s breast milk, or (2) the storage of expressed milk.
4.2.3 Compensation
Employers are not required under FLSA to compensate breastfeeding employees for breaks taken for the purpose of expressing milk. However, the University of South Alabama provides compensated breaks (when working conditions warrant). An employee who uses break time to express milk will be compensated in the same way other employees are compensated for break time. Time used to express milk shall be protected and cannot be counted against the employee under a “no fault” attendance policy.
5. Procedures
Employee responsibilities include the following:
• Breastfeeding employees are responsible for communicating lactation needs with their supervisor upon return to work following maternity leave. This is so employees' responsibilities and needs are satisfied.
• Breastfeeding employees must complete the Lactation Schedule and Location Request Form and forward completed form to Human Resources. Human Resources will contact the employee and employee’s immediate supervisor to establish a reasonable break schedule, discuss times or meal periods already designated for the employee and/or work site for lactation, while ensuring that scheduled breaks will not unduly disrupt operations and are in accordance with operational needs.
• Breastfeeding employees will provide own apparatus for expressing milk, provide own cold storage equipment or clearly label any/all container(s) of expressed milk stored in University provided refrigerators, and remove such containers daily from the workplace. Breastfeeding employees will also ensure that the location designated for lactation is clean and ready for next use.
6. Enforcement
Human Resources owns and administers this policy. Failure to abide by the terms of this policy may jeopardize the ability of an employee to qualify for the benefit.