Lactation Policy

Title

The University of North Carolina at Chapel Hill Lactation Policy

Introduction

Purpose

The University is committed to supporting all Employees so that they may thrive in their workplace. This policy ensures that all Lactating Employees are provided lactation breaks and a private location to express milk during the workday, pursuant to the PUMP for Nursing Mothers Act of 2022 amendment to the Fair Labor Standards Act of 1938.

Scope of Applicability

This policy applies to all Employees.

Policy

Policy Statement

The University will afford Lactating Employees lactation breaks and private locations to express milk during working hours.

Lactation Breaks

Supervisors must allow reasonable break times for a Lactating Employee to express breast milk for such employee’s nursing child for one (1) year after the child’s birth each time such employee has need to express the milk. Each lactation break must be a reasonable amount of time for the Employee to travel to a private location, set up materials, express milk, clean up, store milk, and travel back to their work location.

If a Lactating Employee has a regularly scheduled paid Break Period, they may, but are not required to, use such time for a lactation break. If a Lactating Employee needs additional break time for expressing breast milk, beyond what is already allotted for a paid Break Period, the supervisor must allow the employee to use paid leave or unpaid time for that purpose.

Supervisors should not require an employee to complete work duties during a lactation break; however, if the employee chooses to work during that time and/or is not completely relieved from duty during the entirety of the lactation break, it must be considered time worked.

Private Location

The University will provide a place, other than a bathroom or other common area, that is shielded from view and free from intrusion from coworkers and the public, that may be used by a Lactating Employee to express breast milk. Such space must have a door that can be secured or locked, adequate lighting and seating, and electrical outlets for pumping equipment. When possible, a lactation space should be within a 5-minute travel time from the Employee’s work location when they need a lactation break.

A map of lactation spaces can be found at maps.unc.edu/services/lactation-rooms. Employees and supervisors may need to identify alternative or additional spaces. If a Lactating Employee is provided a space not typically designated as a lactation space for the purpose of lactating, it must be available when needed by the Employee.

Prohibition on Retaliation and Discrimination

Retaliation and Discrimination against an Employee for making a request for or exercising their right to lactation breaks or lactation spaces in accordance with this policy is prohibited, subject to disciplinary action. Reports of Retaliation or Discrimination should be reported to the Equal Opportunity and Compliance Office.

Storage

Employees are responsible for storage of their expressed breast milk.

Definitions

Break Period: break afforded to any employee regardless of lactation status.

Discrimination: as defined in the Policy on Prohibited Discrimination, Harassment and Related Misconduct.

Employee: individuals employed by the University including faculty members, EHRA non-faculty employees, SHRA employees, temporary and part-time employees, graduate, professional and doctoral students, post-doctoral scholars, and student employees.

Lactating Employee: an Employee, regardless of gender identity, who is expressing human milk for their child in their child’s first year of life. This process of expression is also called breastfeeding, chest feeding, pumping, or exclusively pumping, and may or may not occur after a pregnancy.

Retaliation: as defined in the Policy on Prohibited Discrimination, Harassment and Related Misconduct subject to the following additional provisions: protected activity includes requesting or using a lactation break or a private location to express milk as described in this policy.

Related Requirements

External Regulations and Consequences

Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act, P.L 117-328)

University Policies, Standards, and Procedures

Policy on Prohibited Discrimination, Harassment and Related Misconduct Including Sexual and Gender-Based Harassment, Sexual Violence, Interpersonal Violence and Stalking

Contact Information

Policy Contact

Policy Contact Information Table
Address Phone Number Email

Equal Opportunity and Compliance Office

214 W. Cameron Ave.

Chapel Hill, NC 27599

(919)966-3576 eoc@unc.edu

Other Contacts

For issues with lactation spaces, please contact...

Details

Article ID: 131768
Created
Thu 4/8/21 9:16 PM
Modified
Fri 11/10/23 12:09 PM
Effective Date
If the date on which this document became/becomes enforceable differs from the Origination or Last Revision, this attribute reflects the date on which it is/was enforcable.
07/01/2010 12:00 AM
Issuing Officer
Name of the document Issuing Officer. This is the individual whose organizational authority covers the policy scope and who is primarily responsible for the policy.
Issuing Officer Title
Title of the person who is primarily responsible for issuing this policy.
Associate Vice Chancellor, Equal Opportunity and Compliance
Last Review
Date on which the most recent document review was completed.
06/15/2023 12:00 AM
Last Revised
Date on which the most recent changes to this document were approved.
06/15/2023 12:00 AM
Next Review
Date on which the next document review is due.
06/15/2024 12:00 AM
Origination
Date on which the original version of this document was first made official.
07/01/2010 12:00 AM
Responsible Unit
School, Department, or other organizational unit issuing this document.
Equal Opportunity and Compliance