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Title:

Lactation Accommodation Program

Publication date:

110/212/20122021

Effective date:

110/212/20122021

BRIEF

Program

Policy Summary

Lawrence Berkeley National Laboratory (Berkeley Lab) is committed to promoting a supportive, family-friendly work environment by providing supportive programs and services reasonable work-life balance resources to help employees integrate successfully manage their work and life commitments. To that end, employees and management are encouraged to accept nursing mothers and allow a reasonable amount of break time at an appropriate location to accommodate lactation needs. This policy explains the rights and responsibilities related to lactation accommodation consistent with federal and state law.

Who Should Read This

Program

Policy

This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).Employees who wish to express breast milk during the workday when separated from their infant children

To Read the Full

Program

Policy, Go To:

For the location of designated lactation rooms, follow this link:

http://www.lbl.gov/Workplace/HumanResources/html/Employment/lactation-rooms.htmlThe POLICY tab on this wiki page

Contact Information

For more information, contact the Diversity and Inclusion Office at [email protected].your division's Human Resources Center.
Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl hrpolicies@lbl.gov.

Card
labelProgramPolicy

Title:

Lactation Accommodation Program

Publication date:

110/212/20122021

Effective date:

110/2/2012

PROGRAM

For the location of designated lactation rooms, follow this link:

12/2021

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

  1. General
    1. Under this policy, Berkeley Lab employees who are chestfeeding (hereinafter referred to as "nursing parent") have the right to request a lactation accommodation.
    2. 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.
    3. 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.
    4. No negative employment actions will be taken when requests for accommodation are made pursuant to this policy.
  2. Lactation Facilities
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  3. Lactation Break Period
    1. Berkeley Lab will provide a reasonable amount of break time to accommodate the needs of nursing parents.
    2. 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.
    3. 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.
      1. Exempt Employees. In accordance with the Hours of Work policy, the time provided for lactation break periods does not need to be recorded.
      2. 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.
  4. 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.
  5. Recourse
    1. 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.
    2. 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

For the location of designated lactation rooms, see the Expectant & Nursing Mothers page on the MyFamily@Berkeley Lab website.http://www.lbl.gov/Workplace/HumanResources/html/Employment/lactation-rooms.html

Contact Information

For more information, contact your division's HR Division Partner.
To contact the Diversity and Inclusion Office at dio@lblIntegrated Disability and Absence Management team, send an email to [email protected].
To contact the FAIR Office, send an email to FAIR@lbl.gov.
Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl hrpolicies@lbl.gov.

Revision History

Date

Revision

By whomWhom

Revision Description

Section(s) affectedAffected

Change Type

1/2/2012

0

M. Bello

Reformat for wiki

allAll

Minor

10/12/2021

1

W. Crosson

Rewrite to provide content in accordance with UC Policy PPSM-84 and federal and state laws. Title changed from Lactation Accommodation Program to Lactation Accommodation (policy)

All

Major

University of California Personnel Policies for Staff Members (PPSM) 84: "Accommodations for Nursing Mothers"

California Labor Code

LC

Chapter 3.8, Sections 1030-

-1033

1034, "Lactation Accommodation"

Implementing Documents


Card
labelDocument Information

DOCUMENT INFORMATION

Title:

Lactation Accommodation Program

Document number

2.02.010.000

Revision number

01

Publication date:

110/212/20122021

Effective date:

110/212/20122021

Next review date:

110/212/20152026

Policy Area:

Work Environment

RPM Section (home)

Human Resources

RPM Section (cross-reference)

none

Functional Division

Human Resources

Prior reference information (optional)


Source Requirements Documents

Source

Document Number

Document Title

Audience

Document Number

Document Title

Type

Employees

02.02.010.001-01

Nursing Moms/Designated Lactation Rooms

Information

Builder showshow-if
grouprpm2-admins
Card
labelAdditional Information

ADDITIONAL INFORMATION

Title:

Lactation Accommodation Program

Document number

02.02.010.000

Revision number

01

Publication date:

110/212/20122021

Effective date:

110/212/20122021

Next review date:

110/212/20152026

Policy Area:

Work Environment

RPM Section (home)

Human Resources

RPM Section (cross-reference)

None

Functional Division

Human Resources

Author name/contact info

M. Bello



Revision 0 publication date

1/2/2012

Retirement date

n/a

Prior reference information (optional)

New



Inputs from more than one Functional Area?

No

List additional Functional Areas & contacts




Inputs from more than one Policy Area?

Yes

List additional Policy Areas & contacts

Veronica Nero, EEO/AA



30-day notification needed?

No

30-day start date

n/a

30-day end date

n/a



LDAP protected?

Yes



Need TABL reminders?

No

Frequency

n/a

Brief reminder text:

n/a



Approval Sheet for this revision received (date)
[Note: author is responsible}


Key labels/tags:

Lactation, Nursing, Breastfeeding

New terms that need to be added to Glossary/Acronym list:

None

Implementing Documents restricted to department/functional use

Audience

Document Number

Document Title

Type














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