Breastfeeding Support Policy

Business Name ensures the following policy and practices will be upheld to ensure a supportive workplace breastfeeding environment that complies with state and federal laws and demonstrates a culture of breastfeeding support and the role it plays in overall health and worksite wellness. 

Business Name will:

1. Ensure protection and accommodation to ALL breastfeeding staff including employees, volunteers, trainees, and interns (herein referred to as employee). 
2. Recognize the responsibility a mother has to both her job and her child when she returns to work, acknowledging there are many health benefits associated with breastfeeding and that healthy employees and families benefit our business. 
3. Support breastfeeding at work and demonstrate this commitment by helping employees continue breastfeeding when they return. 
4. Allow breastfeeding employees to have flexible schedules and a reasonable amount of time for direct breastfeeding or expressing breast milk, acknowledging the frequency and duration of time necessary may vary depending on the needs of the employee. 
   • For time above and beyond normal lunch and breaks, employees can work with their supervisor to work an adjusted schedule or use leave. 
   • Employers are not required to compensate for breaks taken to express breast milk. However, if an individual chooses to use an established compensated break time to express breast milk, they must be compensated as they normally would. 
   • Time to travel to or from a provided location that is not in close proximity to the workspace is considered work time and does not require the employee to either make up the time or use leave. 
   • The same accommodations and flexibility are available to employees when traveling. 
5. Provide employees with a private space, other than a bathroom, that is shielded from view and free from intrusion of others to directly breastfeed or express breast milk. While the space does not need to be exclusively dedicated to this purpose, a temporary space that meets best practices listed below is appropriate. All efforts will be made to ensure the space provided will be in close proximity to the employee’s workspace. 
   • Each space should have a reasonable method of scheduling use (i.e. paper sign-up sheet, dry-erase board, or an online calendar schedule). Time allotted for scheduling is usually in 30 minute increments. 
   • If the agency opens the space to visitors, clients, or the public, employee needs are the priority. 
   • Employees are not required to use the private space if they do not prefer it. Employees may choose to express breastmilk in an alternate location, free from view, such as their own office or work space. The employee must ensure the noise is not disruptive to nearby coworkers. 
   • Individuals who directly breastfeed shall not dispose of diapers or other odorous materials in the space provided for breastfeeding or expressing milk. Individuals will ensure materials are stored properly in an area not used by other staff and taken home or disposed of each day. 
   • Breastfeeding employees can store their milk in a workplace refrigerator; breastmilk is not hazardous bodily fluid and it is not a contamination danger. 
6. Provide, at no cost to the employee, the following best practices in regards to physical environment and communication efforts to show our commitment to providing optimal breastfeeding support: 
   • Physical Environment Essential Elements
     • Clean, private space with access to electricity (outlets), comfortable seating, ability to secure entry to avoid intrusion
     • Routine cleaning regimen for private space, provided by the business
     • Privacy signage displayed
   • Physical Environment Preferred Elements
     • Access to a refrigerator or personal cooler (to store expressed milk), multi-user breast pump (to pump more quickly and efficiently), sink with hot and cold running water (to clean breast pump supplies), microwave (to sterilize breast pump supplies)
     • Consider the following room décor elements: natural or soft lighting, clock, full-length mirror to help mothers check/adjust clothing, calming décor, comfortable temperature, and pictures of babies (to encourage milk flow), table for breast pump, and wastebasket
   • Communications Essential Elements
     • Schedule or sign-up sheet for use of mother’s room (online or posted)
     • Program manager or contact person at organization available to answer questions re: nursing mother’s program
   • Communications Preferred Elements
     • Access to training/education for coworkers and supervisors on the necessity and benefits of expressing breast milk in the workplace
     • Bulletin board with information about lactation consultants, guidance counselors, pumping schedule, local events, etc.
     • Pamphlets or other educational materials on pregnancy, breastfeeding, parenting, etc.
7. Provide information about breastfeeding support and accommodation in break spaces where other mandated notices are displayed, in staff communications and on agency websites, and to new staff or volunteers during new employee training and orientation. 
8. Provide annual employee education that will explain why breastfeeding mothers need support from their employer and co-workers and promote locations(s) of lactation room(s) on campus. 
9. Require use of the Breastfeeding Accommodation Form. The form must be provided to all employees planning to take maternity leave with the expectation that it be returned 30 days prior to the expected maternity leave start date, if practical. This ensures the employee’s supervisor(s) and employer are prepared to provide appropriate accommodations when the employee returns to work. 
10. Treat conduct that reasonably interferes with an employee’s work performance, that creates an intimidating, hostile, or offensive work environment, or that inhibits an employee’s ability to breastfeed or express milk in accordance with this policy, as harassment. (i.e. disapproving comments or criticism of employees who use time for lactation; jokes, comments, or ridicule that may result in embarrassment for employees whether lactating or not; tampering with or theft of lactation equipment or stored pumped milk; altering or scheduling over break times or planned break times intended for lactation purposes.) 
11. Comply with South Dakota codified law 25-5-35 to support all employees, customers, and visitors. SD codified law 25-5-35 states, “Breastfeeding permitted in certain locations. A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breastfeeding in public places.”