Breastfeeding-Friendly Workplace Policy Template

  1. Purpose

To establish guidelines for promoting a breastfeeding-friendly work environment in[Company].

  1. Policy

[Company] recognizes that breastmilk is the optimal food for growth and development of infants and [Company] encourages employees and management to have a positive, accepting attitude toward working women and breastfeeding.

[Company] promotes and supports breastfeeding and the expression of breastmilk by employees who are breastfeeding when they return to work.

Discrimination and harassment of breastfeeding mothers in any form is unacceptable and will not be tolerated at [Company] and will be handled in accordance with [Company’s] policy on discrimination and harassment.

It shall be the policy of [Company] to provide:

  1. Breaks
  2. Employees are entitled to breaks for lactation. Break times shall be established based on the employee’s work schedule. If possible, the lactation break is to run concurrently with any break time already provided1,2,3,4.
  1. For non-exempt employees, lactation time beyond the regular paid rest break time is unpaid. At management discretion, beginning or ending work times may be adjusted to accommodate these breaks.

In additionto 3.b, the following is suggested best practice6 policy:

For non-exempt employees, an additional 30 minutes of paid lactation break time is available during the first year of the employee’s baby’s life as a benefit to the employee.

  1. Lactation Space
  2. Appropriate private space shall be provided with reasonable efforts made for the location to be in close proximity to the nursing employees’ work area. The space should be equipped with an electrical outlet and comfortable seating.
  3. The location may be the place where the nursing mother normally works if there is adequate privacy (e.g., the employee’s private office, a supervisor’s private office, or a conference room that can be secured).
  4. Areas such as restrooms, closets or storage rooms are usually not appropriate spaces for lactation purposes. However, a separate anteroom (women's lounge) or a separate changing area within or next to a bathroom may be permissible. Closets or storage rooms that do not contain noxious materials may be converted to be acceptable private spaces assuming they have adequate ventilation.
  5. For non-office sites, the employee, the supervisor and the Human Resources Department should enter into a good faith interactive process to identify reasonable accommodations.
  1. Communication:
  2. A copy of this policy shall be provided to every employee upon adoption, at new employee orientations or transfers, to an employee prior to a maternity or FMLA leave and also after returning to work.
  1. This policy shall be posted in the employee handbook and on the [Company] Human Resources Internet/Intranet page.
  1. This policy will be included in all manager, supervisor and sexual harassment trainings.
  1. Monitoring:

a. Human Resources [or Company designee] will periodically monitor for compliance by auditing personnel files, requesting reports and conducting employee interviews.

  1. Atmosphere of Tolerance

Breastfeeding should not constitute a source of discrimination in employment or in access to employment. It is prohibited under this policy and state law to harass a breastfeeding employee; such conduct unreasonably interferes with an employee’s work performance and creates an intimidating, hostile or offensive working environment. Any incident of harassment of a breastfeeding employee will be addressed in accordance with the [Company]’s policies and procedures for discrimination and harassment and in accordance with state law4,5.

  1. Procedure:
  2. To request reasonable accommodations for lactation, an affected employee shall advise her supervisor and the human resources department of her request either verbally or in writing, ideally before maternity leave for existing employees, and upon hire for new employees currently needing lactation accommodation.
  1. Supervisors and the human resources department who receive a request for reasonable accommodations for lactation will review the request and prepare to make accommodations in a timely manner that does not interfere with lactation.
  1. Employee Benefits:
  2. Supervisors and the Human Resources department will advise employee of their employee benefits to support lactation, including health care insurance benefits and/or community resources to support a health1.
  3. Supervisors and the Human Resources department will advise the employee that breast pumps are deductible under IRS IRS CODE § 213(d)7.
  1. Contact for questions: If any questions should arise regarding this policy, please contact: [insert contact]

References

1

Template developed by BreastfeedLA

For more information or a digital copy, see