Lactation Accommodation FAQs

There are a number of laws pertaining to breastfeeding/lactation

Breastfeeding Laws:

All 50 states, the District of Columbia, Puerto Rico and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location. Visit the National Conference of State Legislatures to learn more about federal and state laws that protect and support breastfeeding.

Workplace Laws

The “Break Time for Nursing Mothers Provision” of the Patient Protection and Affordable Care Act (ACA) requires employers to support breastfeeding mothers to express breast milk for 1 year after each child’s birth by providing mothers with reasonable break time and a private, non-bathroom space to express their breast milk. Visit the United States Department of Labor to learn more.

Our district has policy #P-4033: LACTATION ACCOMMODATION

that covers you.

Being prepared for returning to work or school can help a mother ease the transition and continue to breastfeed after her maternity leave is over. The Office on Women’s Health has information for making this transition easier.

When a mother is away from her infant, she can pump or hand express her breast milk so that her infant can drink breast milk from a bottle. Mothers can visit CDC’s Infant and Toddler Nutrition website to learn more about pumping breast milk .

Mothers who are expressing their breast milk should visit the CDC’s Proper Storage and Preparation of Breast Milk website to learn how to prepare and store breast milk safely for her infant.

The Patient Protection and Affordable Care Act (ACA) requires employers to support breastfeeding mothers to express breast milk for 1 year after each child’s birth by providing mothers with reasonable break time and a private, non-bathroom space to express their breast milk. For more information about the types of employees and employers to which the requirements apply, refer to the United States Department of Labor’s Frequently Asked Questions

Yes. Reasonable accommodations under this section include, but are not limited to, all of the following:

-Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child.

-Permission to bring to work a breast pump and any other equipment used to express breast milk.

-Access to a power source for a breast pump or any other equipment used to express breast milk.

-Access to a place to store expressed breast milk safely.

Here are the steps employees must follow in order to request a Lactation Accommodation:

1. Employee shall notify their supervisor in advance of their intent to request accommodation.

2. The supervisor shall respond to the request and shall work with the employee to make the arrangements.

3. If needed, the supervisor shall address scheduling in order to ensure that the employees’ essential job duties are covered during the break time.

4. The supervisor and employee shall agree on a plan for lactation accommodations and that plan shall be submitted to the Coordinator of Personnel.

5.Employee must make a written request to the NHUSD Personnel Department.

Lactation accommodations shall be granted unless limited circumstances exist as specified by law (Labor Code 1031, 1032; 29 USC 207).

-Before a determination is made to deny lactation accommodations to an employee, employee’s supervisor shall consult with the Superintendent or designee.

-When lactation accommodations are denied, the Superintendent or designee shall document options that were considered and the reasons for denying the accommodations.

-The Superintendent or designee shall provide a written response to any employee who was denied the accommodation(s).

The district shall provide a reasonable amount of break time to accommodate an employee each time the employee has a need to express breast milk for an infant child.

-To the extent possible, any break time granted for lactation accommodation shall run concurrently with the break time already provided to the employee.

-Any additional break time used by a non-exempt employee for this purpose shall be unpaid.

The employee shall be provided the use of a private room or location, other than a bathroom, which may be the employee’s work area or another location that is in close proximity to the employee’s work area and shall meet the following requirements:

-Is shielded from view and free from intrusion while the employee is expressing milk.

-Is safe, clean, and free of hazardous materials.

-Contains a place to sit and a surface to place a breast pump and personal items.

-Has access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump.

-Has access to a sink with running water and a refrigerator or, if a refrigerator cannot be provided, another cooling device suitable for storing milk in close proximity to the employee’s workspace.

Yes. An employee may file a complaint with the Labor Commissioner at the California Department of Industrial Relations for any alleged violation of Labor Code 1030-1034.

Breastfeeding is good for both infants and mothers. Breast milk is the best source of nutrition for most infants. As an infant grows, breast milk changes to meet the infant’s nutritional needs. Breastfeeding can also help protect the infant and mother against certain illnesses and diseases:

Benefits to Infants

Infants who are breastfed have a lower risk of:

-Asthma
-Obesity
-Type 1 diabetes
-Severe lower respiratory disease
-Acute otitis media (ear infections)
-Sudden infant death syndrome (SIDS)
-Gastrointestinal infections (diarrhea/vomiting)
-Necrotizing enterocolitis (NEC) for preterm infants

Benefits to Mothers

Mothers who breastfeed their infants have a lower risk of:

-Breast cancer
-Ovarian cancer
-Type 2 diabetes
-High blood pressure