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Initiating Authority
- Human Resources serves as the initiating authority for this policy.
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Purpose
- The purpose of this policy is to provide guidance and procedures in creating a supportive
environment for lactating Employees to express milk at work in compliance with state
and federal laws.
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Policy
- The University is committed to creating a workplace environment that is both productive
and supportive of the needs of lactating Employees. In meeting this commitment, University
departments will provide lactating Employees with reasonable break time and access
to a Lactation/Wellness Room, for the purpose of expressing milk for up to one year
after the birth of a child, in accordance with the requirements of this policy.
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Definitions
- For the purpose of this policy only, the following definitions shall apply:
- Controlled Affiliated Organizations: ͷ Intercollegiate Athletic Association, Inc., ͷ State
University Union Corporation, ͷ Innovation Alliance, Inc.,
WSIA Investments Corporation.
- Employee: An individual who provides services to the University on a regular basis in exchange
for compensation and receives a W-2 for such services. This includes temporary and
part-time Employees.
- Lactation/Wellness Room: A private space designated for use by lactating Employees that is not a bathroom,
and that is shielded from view and free from intrusion from coworkers and the public.
- Leadership: University Department Chairs, Directors, Deans or any other individual designated
by the University with authority to supervise an Employee.
- Non-Exempt Employee: An Employee who is not exempt from the FLSA's minimum wage and overtime provisions,
as determined by the University.
- University: ͷ and Controlled Affiliated Organizations.
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Administrative Procedure
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Access to Lactation/Wellness Rooms
- The University has established Lactation/Wellness Rooms for use by lactating Employees.
A list of Lactation/Wellness Rooms may be found on the Office of Civil Rights, Title IX & ADA Compliance website.
- If there is not a Lactation/Wellness Room near an Employee's work station, Leadership
will work with the Employee to find an alternative location. Ideal locations are clean,
maintain an appropriate temperature and ventilation, and are located near the work
station with a comfortable chair, have a table or flat surface to hold a breast pump,
have locks for privacy, and include at least one electrical outlet. Allowing access
to a refrigerator and sink, where available, is helpful. Departments may not designate
a restroom (bathroom) as a Lactation/Wellness Room.
- If a department is not able to provide an Employee with access to a Lactation/Wellness
Room, then the following is allowed:
- Reasonable time to travel to another building where a Lactation/Wellness Room is located.
Employees will not be penalized for extra travel time needed to access the Lactation/Wellness
Room.
- Employees who work in multiple locations should make individual arrangements with
Leadership for those locations to access a Lactation/Wellness Room.
- Employees who work remotely will be permitted to express milk free from observation
through any employer-provided or required video system, including computer camera,
security camera, or web conferencing platform.
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Reasonable Break Time
- A lactating Employee will be permitted to take reasonable break time each time the
Employee has a need to express milk. These breaks may be taken as part of, or in addition
to, an Employee's regularly scheduled breaks and mealtimes, if any. Employees are
also encouraged to utilize the University's Flexible Work Arrangement process to request an adjustment to their work schedule if it is needed. The frequency
and duration of breaks needed will likely vary depending on factors related to the
lactating Employee and child. Factors such as the location of the space and the steps
reasonably necessary to express milk, such as pump setup and cleaning, can also affect
the break time duration that an Employee will need to express milk.
- Lactating Employees must be compensated in the same way that other Employees are compensated
for break time. For any break time needed to express milk that is in addition to or
exceeds regularly scheduled breaks and would otherwise not be compensable time, a
Non-Exempt Employee may be required to use vacation or compensatory time, or unpaid
leave if no paid leave time is available. To the extent that a Non-Exempt Employee
performs work while taking break time to express milk, such time shall be compensated
and treated as hours worked for purposes of overtime.
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Extending the One-Year Period
- Leadership may extend the one-year period under reasonable circumstances. If more
than one year (from the child's birth) is needed for lactation purposes, the Employee
may contact Human Resources for assistance with seeking an extension.
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Assistance and Enforcement of this Policy
- If an Employee believes that they have not been provided sufficient access to facilities
or break time as set forth in this policy, the Employee is encouraged to seek assistance
from the next level of Leadership or contact their assigned Human Resources Business Partner.
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Applicable Laws And Additional Resources
- ("Providing Urgent Maternal Protections for Nursing Mothers Act" or the "PUMP for
Nursing Mothers Act")
- Lactation/Wellness Rooms
- Flexible Work Arrangements
- WSU Policy 8.21 / Pregnant and Parenting Students
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Revision Dates
- August 8, 2019
- October 3, 2023