Purpose

The purpose of this policy is to provide guidelines for appropriate functional space for lactation and provision of reasonable break time, when needed, for nursing mothers to express breast milk.

Authority

Virginia Code Section 23-9.2:3, as amended, grants authority to the Board of Visitors to establish rules and regulations for the institution. Section 6.01(a)(6) of the Board of Visitors Bylaws grants authority to the President to implement the policies and procedures of the Board relating to University operations.

Section 7(r) of the Fair Labor Standards Act, as amended by the Patient Protection and Affordable Care Act (ACA) in 2010

Definitions

Lactation - The practice of a breast-feeding mother to express breast milk for her infant.

Lactation Room - An appropriate functional space, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee or student to express breast milk.

Scope

This policy applies for a period no less than 12 months after the birth of a child to all employees, students, and employees of affiliated organizations who are paid through the University. Employees include all staff, administrators, faculty, full- or part-time, and classified or non-classified persons who are paid by the University. Students include all persons attending classes whether enrolled or not enrolled. Affiliated organizations are separate entities that exist for the benefit of the University through an operating agreement and include the Foundations, the Community Development Corporation, and the Alumni Association.

Policy Statement

The Patient Protection and Affordable Care Act (ACA) amended Section 7(r) of the Fair Labor Standards Act in 2010 to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the birth and to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express milk.

Old Dominion University is committed to supporting the lactation needs of employees and students by providing lactation rooms and reasonable break time for nursing mothers to express breast milk, for no less than 12 months after the birth of a child.

Procedures

1. Use of Lactation Resources

   • Employees are responsible for coordinating with their supervisors time needed for lactation and for following the room reservation procedures established for the lactation room they would like to use.
   • Supervisors are responsible for permitting reasonable paid break time for nursing mothers to use lactation rooms as needed. The frequency and duration of the break time will likely vary.
   • Students are responsible for coordinating with their class instructors time needed for lactation and for following the room reservation procedure established for the lactation room they would like to use.
   • Class instructors are responsible for permitting reasonable time away from class for nursing mothers to use lactation rooms as needed. The frequency and duration of the break time will likely vary.

2. Responsibilities

   The Department of Human Resources and the University Women's Caucus will:

   • Annually review established lactation rooms for compliance with Department of Labor Guidelines and recommend any repair or refurbishing needed.
   • Identify new spaces as needs are identified and coordinate the preparation of those rooms.
   • Maintain a current list of locations, phone contacts and procedures for reserving lactation rooms.
   • Disseminate and post the location of lactation rooms and policy information broadly throughout the campus and post on the University, Department of Human Resources, Women's Center and Student Engagement and Enrollment Services Resources websites.
   • Coordinate furnishing the lactation rooms with a table, chair and electric outlet. Some may be equipped with a small refrigerator.

   All training conducted by the Department of Human Resources related to family-friendly policies will include information about the Lactation Support Policy and resources.

3. Assistance

   1. Employees who may have questions, comments or concerns should be directed to the Department of Human Resources at 757-683-3042.

   2. Students who may have questions, comments or concerns should be directed to the Office of Student Ombudsman Services at 757-683-3442.

Responsible Officer

Director of Human Resources for Employee Relations & Strategic Initiatives

Related Information

United States Breastfeeding Committee (USBC)

U.S. Department of Labor, Wage and Hour Division - Fact Sheet #73: Break Time for Nursing Mothers under the FLSA

U.S. Department of Education, Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972