Providing Nursing Mothers Reasonable Break Time for Lactation

UT IB-2017-003
Information Bulletin

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Utah State Office
440 West 200 South
STE. 500
Salt Lake City, UT 84101

November 10, 2016
In Reply Refer To: 1400 (UT-953) P

EMS Transmission 11/14/2016
Information Bulletin No. UT 2017-003

To: All Employees

From: State Director

Subject: Providing Nursing Mothers Reasonable Break Time for Lactation This Information Bulletin announces the implementation of Providing Nursing Mothers Reasonable Break Time for Lactation.

On December 20, 2010, President Obama delegated authority to the U.S. Office of Personnel Management (OPM) to provide guidance to executive branch civilian employees on workplace accommodations for employees who are nursing mothers. This delegation is in support of section 4207 of the Patient Protection and Affordable Care Act (Act), Pub. L. 111-148, which added a new subsection (r) to section 7 of the Fair Labor Standards Act of 1938 (FLSA) (codified as amended at 29 U.S.C. 207). This also reflects the Department of the Interior (DOI), Personnel Bulletin No: 11-1, Providing Nursing Mothers Reasonable Break Time for Lactation dated January 10, 2011.

The Nursing Mothers Program is designed to help working mothers make the transition back to work while continuing to provide their children with the best nutrition possible.

The following are workplace accommodations for employees who are nursing mothers:

  1. Managers will provide nursing mothers a reasonable break time to express milk for one (1) year after the child’s birth. The times and duration of breaks shall be consistent with the nursing mother’s need to express milk. The frequency of breaks and duration will likely vary depending on the individual mother’s needs.
  2. Breaks needed by the mother, beyond those provided to all employees (two 15 minute paid breaks and unpaid lunch period) will require either work schedule flexibility (unpaid) or use of leave.
  3. Managers should utilize current workforce flexibilities to provide reasonable breaks for this purpose including adjustments to the employee’s work schedule. In addition, the employee may use her authorized rest periods/breaks, accumulated annual leave, compensatory time off, credit hours, and approved leave without pay for this purpose.
  4. The space provided for nursing mothers to express breast milk shall be shielded from view and free from intrusion from coworkers and the public. The location designated for the nursing mother to express breast milk shall be in a place other than a bathroom/restroom. The space does not have to be solely set aside for nursing mothers. Management will inspect the space or room provided to ensure the space is appropriate (i.e. window coverings, ensure locks work correctly or install locks on doors, etc.).
  5. The following best practices should be used to provide a successful Nursing Mothers Program:

                  a. A means to lock the space/room provided for nursing mothers to lactate;
                  b. A reservation system (e.g., sign up book) for use of assigned space;
                  c. A small utility sink nearby the space/room and soap to clean the equipment, wash hands, etc.
                      after use;
                  d. A refrigerator to store expressed milk;
                  e. A comfortable chair and cabinet/desk to place equipment

For questions or more information please contact Claudia Merino, Human Resources Specialist, at 801-539-4196 or Keelee Brooks, Human Resources Officer, at 801-539-4191.

Signed by:
Edwin L. Roberson
State Director

Authenticated by:
Doug York
State Records Manager