Right to Express Breast Milk in the Workplace

Policy Statement

Adelphi University, in compliance with the Fair Labor Standards Act (“FLSA”), the PUMP for Nursing Mothers Act (“PUMP Act”) and New York State Labor Law Section 206-c, adopts this policy to provide a supportive environment that enables nursing employees to express breast milk during work hours.

Reason for Policy

To support employees who elect to breastfeed and to comply with applicable Federal, State and Local laws.

Who Is Governed by this Policy

Faculty and Staff

Policy

Requests for time off to express milk

Nursing employees who wish to express milk during work hours should keep supervisors informed of their needs so that appropriate accommodations can be made to satisfy the needs of both the employee and the department. Nursing employees who feel they have been denied appropriate accommodations are encouraged to contact Human Resources.

Amount and frequency of time needed

The duration of a break can vary depending on the personal needs of the working employee. The number of breaks an employee will need to take for expression purposes varies depending on the amount of time the employee is separated from the nursing infant and the employee’s physical needs.

Effective June 19, 2024, employees will be provided with a 30-minute paid break to express breast milk at work, each time an employee has a reasonable need to express breast milk. This is in addition to other regular break time and/or unpaid mealtime. In the event the employee needs more than 30 minutes for this purpose, the employee may use existing paid break time or mealtime.
Employees are eligible to take the paid lactation breaks as set forth above for up to three (3) years following childbirth.

Space and facilities

The University provides places that are shielded from view and free from intrusion from coworkers and the public that an employee may use to express breast milk. Any room or location provided for the expression of breast milk shall be in close proximity to the work area of the employee(s) using it for that purpose, be well lit and free from intrusion from others, contain an electrical outlet, a chair, table or flat surface, and running water or are in close proximity to running water.

In accordance with the standards set forth in this policy, another room or location (other than a bathroom/restroom/toilet stall) also may be dedicated for the expression of breast milk and a schedule established to accommodate the needs of multiple employees needing access thereto. Should the University have more than one employee at a time needing access to a lactation room or other location, the University may dedicate a centralized location for use by all such employees, provided however, that the University shall make every effort to locate such space at a reasonable distance from the employees using it.

Where an employee is unable to access or use a dedicated lactation room or other location under this Policy, a vacant office or other available room may be used on a temporary basis for the expression of breast milk, provided the room is not accessible to the public or other employees while the employee is using the room for expression purposes. As a last resort, a cubicle may be made available for use by employees expressing breast milk, provided the cubicle is fully enclosed with a partition and is not otherwise accessible to the public or other employees while it is in use for expression purposes. (The cubicle walls shall be at least seven feet tall to ensure the nursing employee’s privacy.)

The University is not responsible for ensuring the safekeeping of expressed milk stored in any refrigerator on its premises. If breast milk is stored on premises, it is required that all expressed milk be in closed containers, regardless of the method of storage and to bring such milk home each evening.

Anti-discrimination

No employee who exercised their rights afforded under this policy shall be retaliated or discriminated against in any way. Employees who believe they have experienced discrimination or retaliation should contact the Community Concerns and Resolutions Office at 516-877-6864 or by email at occr@adelphi.edu.

Definitions

This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Procedures

Contact Human Resources.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

• Breast Milk Expression in the Workplace| Department of Labor (ny.gov)
• Your Right as an Employee – To Express Breast Milk at Work

Document History

• Policy Origination Date: October 23, 2017
• Last Reviewed Date: May 23, 2024
• Policy Reviewed by: Policy Owner and Policy Expert(s)
• Last Approved Date: June 18, 2024

Who Approved This Policy

Executive Leadership