Title
The University of North Carolina at Chapel Hill Policy on Lactation
Introduction
Purpose
The University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or "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
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 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 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 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 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
University Policies, Standards, and Procedures
Contact Information
Policy Contact
Office: Equal Opportunity and Compliance Office
Address: 214 W. Cameron Ave., Chapel Hill, NC 27599
Phone: 919-966-3576
Email: eoc@unc.edu