Nursing Mother Accommodation Policy
Purpose
Policy # 6.10: In accordance with New York State Labor Law §206-c this policy details the rights of nursing mothers choosing to express breast milk while employed at Hartwick College.
Policy Scope
The Nursing Mother Accommodation Policy applies to all Hartwick College full-time, part-time, exempt, non-exempt and student employees.
Responsible Office
Human Resources
Hartwick College provides reasonable unpaid break time or permits an employee to use paid break time or meal time each day to express breast milk for their nursing child for at least three years following child birth. Hartwick will make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. Hartwick College will not discriminate in any way against an employee who chooses to express breast milk in the workplace.
Hartwick College will provide all employees written notification of this policy upon hire and annually thereafter, and to employees returning to work following the birth of a child. Employees may also find this policy in the following location(s):
– Hartwick College Policies Webpage
– Employee Handbook
– PayCom
– Human Resources Bulletin Board
Hartwick College will make available designated locations for employees to express milk (see Section IV). If a designated location is not in close proximity to an employee’s work location, employees may request an alternate space be identified by contacting Human Resources.
An employee wishing to avail themselves of this benefit is required to give Hartwick advance notice. Such notice shall preferably be provided to an employee’s supervisor prior to the employee’s return to work following the birth of the child in order to allow the supervisor an opportunity to establish a location (if applicable) and schedule leave time amongst multiple employees if needed. Requests made by an employee will be responded to within 5 business days.
Hartwick College will provide reasonable unpaid break time to allow the employee to express breast milk. Reasonable unpaid break time is sufficient time to allow the employee to express breast milk. Each break shall generally be no less than thirty minutes. Employees can elect to take shorter unpaid breaks. Each employee should work with their supervisor to establish a schedule that will accommodate both the employee’s needs and business needs of the unit.
Hartwick College understands that the number of unpaid breaks an employee will need to take for expression purposes varies depending on the amount of time the employee is separated from the nursing infant and the mother’s physical needs. In most circumstances, Hartwick will provide unpaid break time at least once every three hours if requested by the employee.
An employee may elect to have unpaid break time run concurrently with regularly scheduled paid break or meal periods. Employees may also elect to work before or after their normal shift to make up the amount of time used during the unpaid break time(s) for the expression of breast milk.
Reasonable unpaid breaktime for the expression of breast milk is available to the employee during their basic work week and any overtime or additional hours worked.
To ensure appropriate coverage within the unit, a supervisor may postpone an employee’s scheduled unpaid break time for no more than thirty minutes.
Hartwick has designated the following space on campus for community members to express breast milk. A dedicated lactation space is a well-lit private space that contains, a locking door, flat surface, outlet and access to clean water supply. Current dedicated lactation space(s) include:
– Dewar Hall, Room 319
If needed, Hartwick may establish a schedule to accommodate the needs of multiple employees needing access to a lactation space.
Employees physically working on the Pine Lake campus or who have difficulty accessing current dedicated lactation space(s), may request a dedicated lactation space by contacting the Office of Human Resources ([email protected] / 607-431-4315).
Upon such request, Hartwick will make reasonable efforts to provide a space that is private and in close location to the employee’s work site. The space will contain, at a minimum, a locking door, chair, flat surface, outlet, and access to clean water supply.
Employees expressing milk are required to store all expressed milk in closed containers, regardless of the method of storage and to bring such milk home at the conclusion of their shift. Due to the size and general nature of a college campus, Hartwick does not provide dedicated refrigerated for expressed milk. Hartwick is not responsible for ensuring the safekeeping of expressed milk stored on its premises.
When not used for lactation, these spaces may be used for other purposes, however a community member’s need to express milk does take priority.
The College will clean dedicated lactation spaces daily, however, individuals using a lactation space for any purpose are required to remove personal belongings and reasonably clean used surfaces after each use.
Hartwick College prohibits discrimination and harassment in any way against an employee who chooses to express breast milk in the workplace. Encouraging or allowing a work environment that is hostile to the right of nursing mothers to take leave for the purpose of expressing breast milk or engaging in any unequal treatment of towards nursing mothers who take leave for the purpose of expressing breast milk could constitute discrimination or harassment.
An employee who believes they are the subject of discrimination or harassment, or was not afforded their rights in accordance with this policy, has the right to report or not report their concern. However, all other employees are obligated by the College to report knowledge of discrimination, harassment, and/or other violations of this policy.
All reports of discrimination and harassment are addressed in accordance with the Non-discrimination and Non-Harassment Policy.
For more information or to report a case of alleged discrimination or harassment, employees may contact the Title IX Coordinator. The contact information for the Title IX Coordinator is below:
Michael Arno
Title IX Coordinator /College Compliance Officer
Shineman, Room 102
P.O. Box 4020
Oneonta, NY 13820
607-431-4293
[email protected]