Lactation Policy (CA)
Penn is committed to maintaining a family-friendly workplace and supporting the health and well-being of our employees. The Lactation Support Program was introduced to provide employees with space and time for managing chest/breastfeeding responsibilities at work.
The following guidelines also comply with the mandates of the Lactation Amendment to the Fair Labor Standards Act (FLSA) as part of the Affordable Care Act. Staff members whose primary work location is in San Francisco, California have a right to request a lactation accommodation pursuant to the San Francisco Lactation In the Workplace Ordinance.
415.1 Eligibility
All full-time and part-time employees are eligible to participate in the Lactation Support Program.
415.2 Lactation Areas
Schools and centers are expected to provide their employees with lactation space if an appropriate personal office space is not available. The space doesn’t need to be permanent or on the immediate premises, but it must be a private space that is safe, clean and free from toxic or hazardous chemicals and:
- not a bathroom
- shielded from view
- free from intrusion by co-workers and/or the public, with a door that locks from the inside
- within a 10-minute walk from the employee’s assigned work area, preferably without having to go outdoors, and
- available close to the times when the employee is likely to need the space
Nursing and lactation space should also be equipped with the following:
- a comfortable chair (preferably upholstered with arms and back support)
- a table next to the chair (which should be at least 24” x 24” to accommodate a standard breast pump)
- an electric outlet near the chair and table
- a light that’s controllable from inside the room
- a label or door sign that indicates the space is in use
- a trash can, and
- a separation wall, temporary separator, or door that can be used for privacy if the space is being used by more than one employee simultaneously
The University will also provide access to a refrigerator or alternative cooling device suitable for storing milk in close proximity to their workspace where employees can store breast milk and access to a sink with running water.
Schools and Centers
Click here for more tips and guidelines on setting up a lactation space.
Lactation Space Contacts
Contact Wharton Human Resources to help arrange a space or direct you to an existing lactation space.
415.3 Break Times
Paid break times are allowed for lactation responsibilities needed by the employee. When possible, breaks should be scheduled during normal break and meal times and/or when workflow allows. Although not a hard-and-fast rule, typically, a 25- to 40-minute break is needed every three to four hours, including time to get to and from the lactation area.
Supervisors should keep in mind that the frequency and duration of breaks vary from parent to parent depending on their physical needs. There may be occasions when an employee will need to handle lactation responsibilities at times not optimally convenient for the office. Supervisors are responsible for creating a supportive environment for employees so they can adequately manage their nursing and lactation responsibilities.
When unpaid breaks or additional time are required, non-exempt employees should work with their supervisor or consult with Wharton Human Resources regarding scheduling and reporting the extra break time.
415.4 Preparing to Return to Work
Before your leave begins, work closely with your supervisor and contact Wharton Human Resources to set up your plan.
Click here for a Lactation Plan Document to complete as soon as possible before returning to work. Human Resources maintains oversight of the campus needs for lactation space. Additionally, this document provides a plan for staff members to follow when stepping away from work (closing a private office door) or from the workplace (using a central nursing and lactation space). It will help you and others affected by your breaks to manage while you are away.
Click here for helpful tips for preparing to return to work and here for community resources to turn to for additional assistance.
The University will respond to a request for a lactation accommodation from a California employee within five business days. The University and the staff member will engage in an interactive process to determine the appropriate lactation break period(s) and the lactation location for the staff member. If the University does not provide lactation breaks or a lactation location in response to a request for a lactation accommodation, or provides a lactation location that does not comply with the Ordinance’s standards, the University will provide the staff member a written response that identifies the basis upon which the University has denied the request.
415.5 More Information
The Lactation Support Program is administered by Human Resources/Quality of Work-life. If you have questions or need assistance, contact Human Resources/Quality of Work-life at 215-898-7372 or contact us online. You can also refer to the additional resources below for more information.
California employees who feel their lactation accommodation rights have been violated can file a complaint with the California Labor Commissioner’s Office The University will not retaliate against a staff member for exercising his or her rights under the Ordinance, including filing a complaint or otherwise reporting an alleged violation of the Ordinance, cooperate in an investigation of an alleged violation of the Ordinance or inform another person about their rights under the Ordinance.
Additional Resources
Plan Document
Creating a Lactation Space
Tips for Parents Returning to Work
Resources for Chest/Breastfeeding Parents