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Handbook of Operating Procedures
Chapter 4 - Personnel
Publication Date: March 25, 2025
Policy Reviewed Date: March 25, 2025
Policy Owner: VP for Business Affairs


4.35 Lactation in the Workplace


I. POLICY STATEMENT


The University of Texas at San Antonio is committed to being a mother-friendly worksite by promoting an environment in which reasonable accommodations are made to support lactation needs in the workplace.  


II. RATIONALE


The purpose of this policy is to provide guidance in accordance with Federal and State laws on the responsibility of the university in supporting and accommodating employees with lactation needs.  


III. SCOPE


This policy applies to all faculty and staff employed with the university. This policy does not apply to student employees (students working in positions that require student status as a condition of employment). Student employees needing accommodations regarding pregnancy are encouraged to contact the Equal Opportunity Services Office and visit the Student Pregnancy Accommodation webpage for more information.  


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4.35.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


  1. Federal Statues
    1. U.S. Department of Labor (DOL) Fair Labor Standards Act, Section 7(r) - Break Time for Nursing Mothers Provision  
    2. PUMP for Nursing Mothers Act, Consolidated Appropriations Act, 2023  
  2. State Statutes
    1. Texas Health and Safety Code, Title 2 Health, Subtitle H Public Health Provisions, Chapter 165 Breast-Feeding, Subchapter A Breast-Feeding Rights and Policies.   
    2. Texas Government Code, Title 6 Public Officers and Employees, Subtitle A Provisions Generally Applicable to Public Officers and Employees, Chapter 619 Right to Express Breast Milk in the Workplace  
  3. UTSA HOP Policies
    1. UTSA HOP 5.21 Student Pregnancy and Parenting Nondiscrimination Policy  

VI. CONTACTS


If you have any questions about this HOP 4.35 Lactation in the Workplace, please contact the following office:

  1. People Excellence
    210-458-4250

VII. DEFINITIONS


  1. Breastfeeding and Lactation:
    1. These terms are used interchangeably and intended to include pumping or expressing milk.

VIII. RESPONSIBILITIES


  1. Employee
    1. Each employee is responsible for the proper storage and safekeeping of expressed milk. 
      1. Containers stored in designated workplace refrigerators need to be properly sealed and clearly labeled.
    2. Employees are responsible for ensuring Lactation areas are cleaned after each use.
    3. Employees are responsible for providing their own personal pumps and attachments.
    4. Employees are responsible for requesting Lactation support or accommodations, as needed.
  2. University of Texas at San Antonio
    1. Provides a reasonable amount of break time to accommodate an employee’s lactation needs for up to one year after the birth of a child.
    2. Provides accessible locations, other than restrooms, which allow employees the necessary privacy to express milk.
    3. Shall not suspend or terminate the employment of, or otherwise discriminate against an employee because the employee requested accommodations for lactation.
    4. When notified by an employee of the need to express milk, supervisors shall make arrangements to support the continuing operational needs of the department while the employee is away from their work area.

IX. PROCEDURES


  1. Reasonable Break Time
    1. UTSA will provide reasonable flexibility to all employees who communicate their anticipated need for accommodations, including timing of breaks, with their supervisors or People Excellence.
    2. The amount of time needed may vary and there is no set limit on the number of breaks provided per day. Breaks must be reasonable and coordinated with your supervisor.
    3. Supervisors must contact People Excellence if any issues arise or if they are unable to accommodate an employee’s request prior to making a final determination.
  2. Space for Expressing Breast Milk
    1. UTSA will provide accessible areas for Lactation, other than restrooms, that allow privacy and are shielded from view and free from intrusion from other employees and the public. The designated space:
      1. May be the place where the employee normally works if there is adequate privacy, such as the employee’s private offices, or other identified space;
      2. Should have an electrical outlet, contain a place to sit and a flat surface, other than the floor, on which to place a pump, as well as a lock or signage on door prohibiting entry when in use; and
      3. Should be within reasonable proximity to the employee’s work area.
      4. The lactation space should be reasonably near a clean and safe water source or sink.
    2. Information regarding Lactation policy, current locations of Lactation rooms and accessibility may be obtained from People Excellence, or by email to hr@utsa.edu. Location information can also be found on the People Excellence website.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES

  1. UTSA Lactation Resources
    1. Additional information is available by contacting People Excellence at (210) 458-4250 or emailing hr@utsa.edu
  2. Student Pregnancy Accommodations

XII. APPENDIX


None