Break Time for Nursing Employees
In accordance with New York Labor law Section 206-c, the College provides accommodations to employees who choose to express breast milk in the workplace. Employees who need to take time during the workday to express breast milk should notify their supervisor or Department and/or Division Head, and The Office of Human Resources preferably prior to their return to work following the birth of their child. The College will work with the employee to provide a reasonable accommodation to express breast milk at work in accordance with applicable laws and regulations.
Reasonable Break Time
The College will permit employees to take reasonable break time or allow an employee to use other break time or mealtime to express breast milk each time such employee has reasonable need to express breast milk for up to three (3) years following the birth of their child. Such break time is paid for all employees. The College will not unreasonably limit the amount of time or the frequency that an employee needs for such breaks.
Typically, such breaks to express breast milk are about 20-30 minutes in duration, once every three hours. However, this may vary depending on the employee’s individual needs and the location of the designated lactation room. Supervisors, Department and/or Division Heads, and The Office of Human Resources will work closely with an employee to communicate and confirm a break schedule that accommodates the employee’s needs. At a minimum, employees will be provided with breaks of at least 20 minutes, every three hours. An employee may opt to take shorter or less frequent breaks, however.
Breaks that last 30 minutes or less will be paid. Breaks that last longer than 30 minutes will be unpaid for non-exempt employees. Non-exempt employees are also permitted to use existing paid break or mealtime for lactation break time needed in excess of 30 minutes. Non-exempt employees must punch out and punch in for breaks that last longer than 30 minutes in accordance with the College’s normal timekeeping policies and procedures unless the employee is using other existing paid meal or break time. Exempt employees will not receive a deduction from their salary for this time in accordance with federal and state wage and hour laws. Employees that use existing breaks (meal breaks or other rest breaks provided to all employees) will be treated the same as employees using such breaks for any other reason other than expression of breast milk. Employees will be relieved of all duties during breaks to express breast milk. If an employee is not relieved of all duties during their break, the time will count as hours worked and be paid in its entirety.
Employees may be required to postpone their scheduled break time for no more than 30 minutes if they cannot be spared from their duties until appropriate coverage arrives.
Upon request, the College will allow the employee to work before or after their regular shift to make up the amount of unpaid break time used for the expression of breast milk provided that such additional time falls within the College’s normal work hours. However, employees are not required to make up such break time.
Employees who work remotely are entitled to the same rights to break time for expression of breast milk as employees working in person.
Location to Express Breast Milk
The College will designate a room or other location which will be made available for use by an employee who chooses to express breast milk in the workplace. The room or other location will be in close proximity to the work area, well lit, shielded from view, and free from intrusion from other individuals in the workplace or the public. The room or other location will not be a restroom or toilet stall.
The room or other location designated shall include, at a minimum, a chair, a working surface, nearby access to clean running water, and an electrical outlet (provided that the workplace is supplied with electricity) unless to do so would impose an undue hardship on the College.
If the sole purpose or function of the designated room or other location is not dedicated for use by employees to express breast milk, the room or other location will be made available to an employee when needed and will not be used for any other purpose or function while in use by the employee to express breast milk. The space will be maintained and clean at all times. The College will notify all other employees as soon as practicable, in writing through email or printed memo when a room or other location has been designated as a lactation break.
Employees may use a refrigerator provided for employee use to store breast milk. The College is not responsible for ensuring the safekeeping of expressed breast milk stored in any workplace refrigerator. Employees are required to store all expressed breast milk in closed containers and bring milk home each evening.
Accommodation Request Process
Employees have a right to request a room or location to express breast milk in the workplace in private. Prior to returning from parental leave, the College will send a copy of this policy to the employee electronically and request information from the employee regarding the need for a reasonable accommodation to express breast milk at work. The employee’s supervisor and/or Department and/or Division Head, and The Office of Human Resources will work with the employee to identify a schedule and location for when and where the employee can express breast milk during work in accordance with this policy.
Employees may also independently request a reasonable accommodation by contacting their supervisor and/or Department and/or Division Head, and The Office of Human Resources. Such request may be made orally or in writing. The employee should indicate the need for an accommodation to express breast milk in the workplace.by emailing The Office of Human Resources.
The College will respond to a request for a lactation accommodation in writing as quickly as possible but under no circumstances will this amount of time exceed five (5) business days.
The College understands that an employee’s needs with respect to expressing breast milk may change over time. Accordingly, an employee may request a change in any accommodation by contacting their supervisor and/or Department and/or Division Head, and The Office of Human Resources and expressing the need for such change. The employee should identify what the proposed change is in the request to facilitate the interactive process.
Undue Hardship
If the College believes that the lactation accommodation requested poses an undue hardship on the College. The College will discuss reasonable alternatives with the employee to accommodate the employee’s needs and initiate the interactive process as quickly as possible. Under all circumstances, the College will still provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where an employee can express breast milk in private. The space will meet as many of the requirements and include as many of the amenities as possible. During the time that it takes to respond to a request and/or engage in the interactive process to determine an accommodation, the College will provide a temporary accommodation to the employee so that the employee can pump in a manner that meets the employee’s immediate needs unless doing so poses an undue hardship on the College.
Retaliation Prohibited
Retaliation or discrimination on the basis of exercising the right to express breast milk at work is unlawful under federal and state law and will not be tolerated by the College. The College will not discharge, threaten, penalize, or in any other manner discriminate or retaliate against an employee for exercising their rights under this policy and applicable laws with respect to requesting or using reasonable accommodations related to expressing breast milk in the workplace. The College will not tolerate any such discrimination or retaliation. If an employee believes they have been subject to discrimination or retaliation in violation of this policy, they should promptly report it to The Office of Human Resources.
Any questions or concerns regarding this policy should be directed to The Office of Human Resources.