Provisions for Lactating Mothers

Scope

This policy applies to all Staff and Temporary employees.

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Policy Statement

Indiana University promotes a respectful and healthy work environment for all employees.

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Reason for Policy

The following policy provisions are to support mothers who want to express breast milk at work. This policy is also intended to comply with a related Indiana Code.

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Procedures

1. Departments are to provide a location, to the extent reasonably possible, where an employee can express breast milk in private. The location can be a room designated just for this purpose, the employee’s private office, a private office not in use, or any area other than a bathroom where the employee can have privacy from others.
2. Departments are to ensure, to the extent reasonably possible, the availability of cold storage space.  The employee may provide her own portable cold storage device or have access to a refrigerator located in the department or building.
3. The time needed to express milk is paid time if it occurs during work hours. The expectation is that the employee can express milk during rest periods and lunch breaks. If additional time is needed, supervisors are encouraged to grant reasonable flexible scheduling to accommodate the need.

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Sanctions

Managers, supervisors, and employees who violate this policy are subject to disciplinary action, up to and including termination.

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History

In the 2008 session, the Indiana Legislature enacted a statute supporting mothers who want to express breast milk while at work. The state law contains the provision that, to the extent reasonably possible, an employer is to provide a private location, other than a toilet stall, where an employee can express her breast milk. 

In 2010, the U.S. Congress included a provision in the Patient Protection and Affordable Care Act (PPAC) that adds language to the Fair Labor Standards Act about breaks for expressing breast milk.  The new language requires that space for such an activity be a place other than a bathroom. This revision makes that change in the personnel policy.

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