Fordham University Lactation Accommodation Policy

Policy Statement

In compliance with Federal, State and local laws, Fordham University will accommodate requests from employees who need to express breast milk in the workplace.

Fordham University will provide this policy in writing to all employees when they are hired and again every year after. The University will also provide the policy to employees as soon as they return to work following the birth of a child.

Reason for the Policy

In compliance with applicable laws, this policy sets forth the University’s obligations and the employees’ rights concerning the expression of breast milk in the workplace.

Responsible University Office/Officer

Office of Human Resources Management

Gülay Siouzios - LL.M., SHRM-SCP
Director of Labor & Employee Relations
(718) 817-4930
[email protected]

Jeanne Molloy, R.D., SHRM-CP
Wellness Manager
(718) 817-4930
[email protected]

Applicability of the Policy

This policy applies to all employees at the University.

Policy Text

The University will accommodate requests from employees who need to express breast milk during the workday, in accordance with the terms and conditions of this policy.  The University will require employees to provide reasonable notice of their need to express breast milk, and will in turn provide employees with a suitable lactation room. Employees may also refer to the “Policy on the Rights of Employees to Express Breast Milk” fact sheet from the New York State Department of Labor.

Break Time for Breast Milk Expression
The University will provide thirty (30) minutes of paid break time for an employee to express breast milk when the employee has a reasonable need to express breast milk.  Employees are permitted to use existing paid break or meal time if they need additional time for breast milk expression beyond the paid 30 minutes.

This time will be provided for up to three years following childbirth.

While a supervisor cannot require that an employee works while expressing breast milk, employees may voluntarily choose to do so.

The University will not require an employee to work before or after their normal shift to make up for any time used as paid break time to express breast milk.

Making a Request to Express Breast Milk at Work
When making a request to express milk at work, employees must provide the University with reasonable, advance notice, generally before returning to the workplace after a leave of absence.

Employees should submit a request for access to a lactation room by contacting the Wellness Manager at [email protected]. The University will respond, in writing, to such requests within five (5) days.

If two (2) or more employees need to use the lactation room at the same time, they should contact the Wellness Manager so that arrangements can be made to ensure all individuals have access to the lactation room amenities.

Lactation Room Requirements
In addition to providing the necessary time during the workday, the University will provide a private room or alternative location for the purpose of breast milk expression.

For purposes of this policy, the term “lactation room” means a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that is close to an employee’s work area, has good natural or artificial light, an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water.

If there is not a separate room or space available for lactation, an employer may use a vacant office or other available room on a temporary basis. As a last resort, an available cubicle may be used for breast milk expression. A cubicle can only be used if it is fully enclosed with a partition and is not otherwise accessible to the public or other employees while being used for breast milk expression. The cubicle walls must be at least seven feet tall to insure the employee’s privacy. To ensure privacy, if the lactation room has a window, it must be covered with a curtain, blind or other covering. In addition, the lactation space should have a door equipped with a functional lock. If this is not possible (such as in the case of a fully enclosed cubicle), as a last resort, an employer must utilize a sign advising the space is in use and not accessible to other employees or the public.

If the room designated to serve as a lactation room is also used for another purpose, the sole function of the room will be as a lactation room while the employee is using the room to express breast milk.

The University will notify all employees in writing through email or printed memo when a room or other location has been designated for breast milk expression.

Lastly, an employer may not deny an employee the right to express breast milk in the workplace due to difficulty in finding a location.

Remote Workers
Remote workers are entitled to take lactation breaks on the same basis as if they were working onsite.  Like those at the worksite, remote workers who are on a lactation break are not expected to be on a computer or web-conferencing platform camera during their break. 

Employee Responsibilities
Employees are required to store all expressed milk in closed containers and bring milk home each evening. The space designated for expressing breast milk must be maintained and clean at all times.

Protection from Discrimination and Retaliation

The University will not discriminate or retaliate against any employee for inquiring about, applying for, or using the benefits described in this policy.  If you feel that you may have been discriminated or retaliated against for requesting or taking time to express breast milk in the workplace, please contact the Office of Human Resources Management at [email protected].

Legal Protections and External Remedies:

NEW YORK CITY COMMISSION ON HUMAN RIGHTS (NYCCHR)
For more information on how to report discrimination, how to file a complaint, or about the complaint process, call 311 or (212) 416-0197. NYCCHR office is located at 22 Reade Street, in lower Manhattan.

Individuals will meet with a staff attorney to discuss the allegations of discrimination. Commission services are free of charge.

Time Limit: The NYC Human Rights Law requires that the complaint be filed within one year of the last alleged act of discrimination (or three years for gender-based harassment).

NEW YORK STATE DEPARTMENT OF LABOR RESOURCES
If an employee believes that they are experiencing retaliation for expressing breast milk in the workplace, or that their employer is in violation of this policy, they should contact the New York State Department of Labor’s Division of Labor Standards. Call us at 1-888-52-LABOR, email us at [email protected], or visit the nearest Labor Standards office to personally file a complaint. A list of our offices is available at dol.ny.gov/location/contact-division-labor-standards. Complaints are confidential.

FEDERAL RESOURCES
The federal PUMP Act went into effect in 2023, expanding protections for almost all employees expressing breast milk at work. Under the PUMP Act, any covered workers not provided with breaks and adequate space for up to a year after the birth of a child are able to file a complaint with the U.S. Department of Labor or file a lawsuit against their employer. For more information, please visit dol.gov/agencies/whd/pump-at-work.

Cross-Reference to Related Policies

None

Exclusions and Special Situations

This policy does not apply to students, but only employees.

Revision History

V.1 June 7, 2023