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POLICY
- Purpose
Lawrence Berkeley National Laboratory (Berkeley Lab) is committed to promoting a family-friendly work environment by providing supportive programs and reasonable work-life balance resources to help employees successfully manage their work commitments. This policy explains the rights and responsibilities related to lactation accommodation consistent with federal and state law.
- Persons Affected
This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).
- Exceptions
Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.
- Policy Statement
- General
- Under this policy, Berkeley Lab employees who are chestfeeding (hereinafter referred to as "nursing parent") have the right to request a lactation accommodation.
- Berkeley Lab will make private space available for lactation purposes and will provide lactation break periods for nursing parents. A supervisor who receives a lactation accommodation request will work, as needed, with their HR Division Partner, to identify available appropriate space and determine a break schedule.
- If a nursing parent's supervisor determines that the division is unable to provide break time or a location that complies with this policy, the supervisor shall provide a written response to the nursing parent.
- No negative employment actions will be taken when requests for accommodation are made pursuant to this policy.
- Lactation Facilities
- Berkeley Lab will provide, in close proximity to the nursing parent's work area, a locked, private space that is sanitary (including appropriate temperature and ventilation) and equipped with a table, comfortable chair, and electrical outlet.
- Appropriate lactation facilities include, but are not limited to:
- The employee's private office,
- Another private office not in use,
- A conference room or multi-purpose room that can be secured, or
- Any available space with a locking door that is shielded from view and free from intrusion from co-workers and the public.
- If a lactation-designated conference room or multi-purpose room is needed for lactation accommodation purposes, the use for lactation will take precedence over other uses.
- The lactation space will either be located near a source of running water or will have a sink with running water in it, and will be located in close proximity to a refrigerator.
- Restrooms, spaces lacking privacy, or spaces lacking a locking door are not considered appropriate spaces for lactation purposes. However, an anteroom or lounge area connected to a restroom may be sufficient if the space is private, free from intrusion, and can be locked and shielded from view.
- Lactation Break Period
- Berkeley Lab will provide a reasonable amount of break time to accommodate the needs of nursing parents.
- A nursing parent is encouraged to discuss needs, in terms of accommodations as well as the frequency and timing of breaks, with their supervisor. These shared discussions will help nursing parents and supervisors arrange for mutually agreeable break times and durations. Supervisors are encouraged to allow flexible scheduling, whenever possible, to accommodate lactation breaks.
- Generally, nursing parents need two to three lactation breaks during an eight-hour work period. A reasonable amount of time for a lactation break will typically be 30 minutes per break and includes time associated with travel to and from the lactation space, expressing milk, clean up, and storage; however, the required time is impacted by individual needs and the proximity to a reasonable space for lactation; therefore, decisions should be made on a case-by-case basis.
- Exempt Employees. In accordance with the Hours of Work policy, the time provided for lactation break periods does not need to be recorded.
- Non-exempt Employees. If possible, the nursing parent's lactation break should be concurrent with an existing rest period. If the lactation break period cannot run concurrently with the rest period, Berkeley Lab will make separate lactation break time available. The separate lactation break period will be unpaid.
- Other Reasonable Accommodation. As part of an interactive process with the Integrated Disability and Absence Management team, Berkeley Lab may provide other reasonable accommodation or transfer to a less strenuous or hazardous position upon receipt of information from the nursing parent's health care provider stating that a reasonable accommodation or transfer is medically advisable. For additional information see the Reasonable Accommodation policy.
- Recourse
- A nursing parent who believes appropriate accommodation has not been provided is encouraged to contact their HR Division Partner or the Berkeley Lab FAIR Office.
- Complaints of violation of the right to a lactation accommodation may be filed internally with the Berkeley Lab FAIR Office, and/or externally with the California Labor Commissioner.
- Roles and Responsibilities
Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.
- Definitions/Acronyms
Term
Definition
Exempt Employees
Exempt employees are defined as employees who, based on their duties performed and manner of compensation, shall be exempt from the minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). Because of hourly pay practices, an employee appointed to work a variable-time schedule in an exempt title shall be treated as a non-exempt employee subject to FLSA minimum-wage and overtime provisions. Exempt employees shall be paid an established monthly or annual salary and are expected to fulfill the duties of their positions regardless of hours worked. Exempt employees are not eligible to receive overtime compensation or compensatory time off, and are not required to adhere to strict time, record keeping, and attendance rules for pay purposes. Exempt titles are identified in title and pay plans.
Non-Exempt employees
Non-exempt employees are defined as employees who, based on duties performed and manner of compensation, shall be subject to all minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). Because of hourly pay practices, an employee appointed to work a variable-time schedule in an exempt job classification shall be treated as a non-exempt employee subject to FLSA minimum-wage and overtime provisions. Non-exempt employees shall be required to account for time worked on an hourly and fractional-hourly basis and are to be compensated for qualified overtime hours at the premium rate (one-and-one-half times the regular hourly rate). Non-exempt titles are identified in title and pay plans.
- Recordkeeping Requirements
None
- Implementing Documents
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10/11/2021
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Rewrite to provide content in accordance with UC Policy PPSM-84 and federal and state laws
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