Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.25.0 Mother-Friendly Workplace

4.25.0 Mother-Friendly Workplace

A. Purpose

This policy establishes guidelines, in accordance with federal and state laws, for the responsibility of The University of Texas at Tyler and the University of Texas Health Science Center at Tyler, including off-campus instructional sites (collectively “the University”) to provide consistent standards for supporting and accommodating employees who wish to express breast milk in the workplace.

B. Authority / Persons Affected

Texas Government Code, Chapter 619, Right to Express Breast Milk in the Workplace

Health and Safety Code, Chapter 165, Subchapter A, Breast-Feeding Rights and Policies

Section 7(r) of the Fair Labor Standards Act – Break Time for Nursing Mothers Provision

Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)

All employees of the University.

C. Definitions

Mother-Friendly Worksite – A designation given to an employer by the Texas Department of State Health Services which, once the employer meets the requirements, establishes a worksite as one that actively promotes and supports breastfeeding by its employees.

Working Mothers Room – A designated private space, other than a bathroom, that allows lactating mothers to express breastmilk during their work hours.

Work Schedule Flexibility – Permitting an employee to combine existing breaks (e.g., combining rest breaks, splitting meal breaks, etc.) and/or to adapt their work schedules (e.g., coming in early or leaving late) to make up the time used for milk-expression breaks.

D. Policy

It is the policy of the University to establish a Mother-Friendly Worksite program in accordance with Texas Health and Safety Code § 165.003, and to support the right to express breast milk in the workplace per Texas Government Code Title 6, Subtitle A, Chapter 619. The University does this by promoting breastfeeding and by offering an environment which supports lactating employees.

E. Procedures

1. General Guidelines:

1. Provide a place, other than a bathroom, that is shielded from view and free from intrusion by other employees and the public where the employee can express breast milk;
2. Provide Work Schedule Flexibility through a reasonable amount of break time for an employee to express breast milk each time the employee has the need to express breast milk; and
3. Not suspend or terminate the employment of, or otherwise discriminate against an employee because the employee has asserted the right to express breast milk.

2.  Reasonable Break Time

1. Employees are entitled to reasonable amount of break time to express breast milk. The time needed by each lactating mother varies according to individual needs. Employees should communicate their needs with their direct supervisor. The employee and their supervisor should work together to determine how best to accommodate breast milk expression during the workday. Breaks must be reasonable and mutually agreed upon with the supervisor.
2. Supervisors are responsible for contacting Human Resources if any issues arise or if they are unable to accommodate an employee’s request prior to making a final determination.

3.  Space for Expressing Breast Milk

1. The institution will provide a place where employees can express breast milk, other than a bathroom, that is shielded from view and free from intrusion by other employees and the public. The space may be an institutionally established Working Mothers Room, the employee’s private office, a lockable conference room, or another identified space.
2. The space should have an electrical outlet, chair, table, lighting, a locking door or signage on the door prohibiting entry when in use, and a nearby clean water source.
3. Employees will have access to a hygienic space to store expressed breast milk which may be a dedicated milk storage refrigerator. The University is not responsible for ensuring the safekeeping of expressed milk stored in any refrigerator on its premises. The employee is required to store all expressed milk in closed containers and, regardless of the method of storage, bring such milk home or dispose of such milk appropriately.

4. Access to Space for Expressing Breast Milk

For access to institutionally established Working Mothers Room, an email should be sent to the Office of Human Resources, humanresources@uttyler.edu.  

F. Responsibilities

See Policy and Procedures section.

G. Review

This policy shall be reviewed by the Office of Human Resources every five years or as legislation changes.