Lactation Accommodation Policy
| Effective Date | January 1, 2018 |
| Last Updated | March 1, 2024 |
| Responsible University Officer | Donna Davis, General Counsel |
| Policy Owner | Diane Nelson, Associate Vice President, Human Resources |
| Policy Contacts |
Jill Bouchard, Leave Manager |
Policy Statement
The University recognizes that breast milk is the optimal food for growth and development of infants. This policy is to establish guidelines for promoting a lactation and breastfeeding-friendly work environment and supporting all lactating employees at the University for as long as they desire to express breast milk. The University supports the legal right and necessity of employees who choose to express milk in the workplace.
Reason for Policy
The goals of this Policy include:
- To establish guidelines promoting a work environment that supports breastfeeding at the University.
- To establish that employees have a right to request lactation accommodation.
- To establish the University’s obligation to respond to lactation requests and to provide a written response to the employee if the University cannot provide break time or a compliant location. Any such denials must first be approved by USF's Leave Manager.
- To establish the employee's right to file a complaint with the Labor Commissioner for any related violation.
- To comply with San Francisco’s Lactation in the Workplace Ordinance, CA SB 142, and the Federal PUMP for Nursing Mothers Act.
Who Should Read this Policy
Members of the Leadership Team; employees inquiring about parental leave, and/or lactation accommodations, all supervisors and Business Managers, and all new employees.
Policy Text
In accordance with San Francisco’s Lactation in the Workplace Ordinance, CA SB 142, and the Federal PUMP for Nursing Mothers Act, lactating employees will be provided breaks to express milk during working hours in a lactation space that meets minimum stipulated requirements described below. The break time shall, if possible, run concurrently with the employee’s lunch and break time. If the time for an employee’s break time does not run concurrently or when additional time is necessary, the break time may be unpaid. The employee's travel time to and from the lactation location is not considered part of the break time.
Lactation Space Requirements
The University will provide lactating employees with space in close proximity to their work area that is shielded from view and free from intrusion from colleagues, students, and the public, to express breast milk. On the main campus, lactation rooms are UC room #329, Zief Law Library Room #38, and LM Rossi room #105, plus there is an additional lactation room at 101 Howard. Additional space may be provided if none of those rooms are near the area where the employee normally works. All of the lactation spaces will:
- Not be a restroom
- Shielded from view and free from intrusion from colleagues, students, and the public.
- Be safe, clean, and free of toxic or hazardous materials
- Contain a place to sit, a surface to place a breast pump, and personal items
- Have access to electricity
- Have access to a sink with running water and a refrigerator in close proximity to the employee’s work area. Employees may also provide an insulated bag or small cooler to keep in their work area if they wish.
- A multi-purpose room or individual office may potentially be used as a lactation room if it satisfies the requirements for space. Use of the room for lactation takes priority over other uses if the established lactation rooms are not available.
Procedures
Lactation Accommodation Requests
Lactating employees who wish to express milk during working hours must submit a Lactation Accommodation Request Form at least (5) business days in advance before the start of the request. The form is electronically routed to their supervisor for acknowledgement and then routed to leaves@usfca.edu for processing. Once received by Human Resources, the employee and supervisor will receive written confirmation of the approved schedule and room location.
The lactation rooms are scheduled in 30-minute increments. Please indicate on the request form the Days and Times you wish to schedule the room. For example: Mondays 10-10:30am & 4-4:30pm. Your requested times are not guaranteed.
Employer Records
The University will maintain a record of the written requests for lactation accommodations that include the name of the employee, the date of the request, and a description of how the University resolved the request. If an employer denies a request for Lactation Accommodation, it must save the written denial. All of these records must be maintained for three years from the date of the request.
Retaliation
San Francisco Lactation in the Workplace Ordinance, CA SB 142, and the Federal PUMP for Nursing Mothers Act expressly prohibit retaliation against lactating employees for exercising their rights. This includes those who request time to express breast milk at work and/or who lodge a complaint related to the right to lactation accommodations. To file a discrimination complaint, email humanresources@usfca.edu or submit an anonymous complaint via the Whistleblower Hotline or with the SF Labor Commission at lactation@sfgov.org.
ADDITIONAL INFORMATION
Additional information about parental, baby bonding and maternity leaves can be found at https://myusf.usfca.edu/human-resources/benefits/maternity-leave-overview as well as EAP and childcare subsidy information.
Related Information
| Type | Name and Location |
| External | San Francisco’s Office of Labor Standards Enforcement |
| External | CA Labor Commissioner |
| External | PUMP for Nursing Mothers Act |
Forms
| Name and Location | Use |
| Lactation Accommodation Request Form | For breastfeeding employees who wish to express milk during working hours |
FAQ
N/A
Appendices
N/A