interstate commerce requirements. Are Employers Required to No policy is required under Title VII. However, if an Have a Policy on Breastfeeding Employees? employer allows employees to take breaks, change their schedules, or use sick leave for routine doctor appointments and to address non-incapacitating medical conditions, then it must allow female employees to change their schedules or use sick leave for lactation-related needs under similar circumstances. Or, if an employer freely permits employees to use break time for personal reasons, it would violate Title VII to deny break time for expressing breast milk. Frequency of Milk Reasonable accommodations As frequently as needed by Expression Breaks available under this Code the nursing mother. The include break time for frequency of breaks needed expressing breast milk. It is a to express breast milk will violation for an employer to likely vary. fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy, including breastfeeding, of an applicant for employment or employee. Length of Time for Milk Reasonable. Reasonable. The duration of Expression Breaks each break will likely vary. Duration of Milk Expression No limit. 1 year after the child’s birth. Breaks Space Requirements Appropriate facilities for A place, other than a expressing breast milk. bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mothers’ use, it must be available when needed in order to meet the statutory requirement. Of course, employers may choose to create permanent, dedicated space if they determine that is the best way to meet their obligations under the law.
interstate commerce requirements. Are Employers Required to Have a Policy on Breastfeeding Employees? No policy is required under Title VII. However, if an employer allows employees to take breaks, change their schedules, or use sick leave for routine doctor appointments and to address non-incapacitating medical conditions, then it must allow female employees to change their schedules or use sick leave for lactation-related needs under similar circumstances. Or, if an employer freely permits employees to use break time for personal reasons, it would violate Title VII to deny break time for expressing breast milk. Frequency of Milk Expression Breaks Reasonable accommodations available under this Code include break time for expressing breast milk. It is a violation for an employer to fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy, including breastfeeding, of an applicant for employment or employee. As frequently as needed by the nursing mother. The frequency of breaks needed to express breast milk will likely vary. Length of Time for Milk Expression Breaks Reasonable. Reasonable. The duration of each break will likely vary. Duration of Milk Expression Breaks No limit. 1 year after the child’s birth. Space Requirements Appropriate facilities for expressing breast milk. A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mothers’ use, it must be available when needed in order to meet the statutory requirement. Of course, employers may choose to create permanent, dedicated space if they determine that is the best way to meet their obligations under the law.
delaware_workplace_breastfeeding_support_analysis-final.docx