3.38 / Support of Nursing Mothers

  1. Purpose

    The purpose of this statement is to set forth University policy to provide certain specified benefits and protections to nursing mothers.

  2. Preamble

    It is the public policy of Kansas that a mother's choice to breastfeed should be supported and encouraged to the greatest extent possible.1 In addition, the recently passed Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to impose certain requirements on employers relative to nursing mothers.2 The purpose of this policy is to provide institutional guidance regarding these matters.3

    1 See K.S.A. (2009 Cum. Supp.) 65-1,248(a).

    2 Public Law 111-148. See generally Section 3.30 of the WSU Policies and Procedures Manual.

    3 While this policy statement is intended to address concerns relating to University employees and address requirements of federal law, administrators, faculty and staff are asked to consider and accommodate the needs of students who are mothers, particularly in light of the stated public policy of Kansas.

  3. Policy

    1. The University will seek to provide a "reasonable break time" for an employee to express breast milk for her nursing child for up to one (1) year after the child's birth.

    2. The University will seek to provide a location, other than a bathroom, that is private (shielded from view and free from intrusion from coworkers and the public) that may be used by the employee for such purposes.

    3. Mothers intending to take breaks for purposes of this policy must provide advance notice of their intent to utilize this policy. Such notice should be provided to the employee's immediate supervisor and the Office of Human Resources.

    4. Non-exempt employees should, to the extent possible, use their regularly provided rest period for purposes of this policy. If extended or additional rest periods are necessary, the employee will be required to use vacation leave or compensatory time; otherwise, such rest periods will be without compensation. See generally Section 7.07 of the WSU Policies and Procedures Manual.

    5. Supervisors and employees should work together to comply with the intent and purposes of this policy. Questions about implementation of the policy should be addressed to the Office of Human Resources and/or the General Counsel.

    6. Time spent expressing milk at work will not count against an employee's Family Medical Leave Act entitlement. See generally Section 3.34 of the WSU Policies and Procedures Manual.

  4. Implementation

    This policy shall be included in the WSU Policies and Procedures Manual and shared with appropriate constituencies of the University.

    The Vice President for Administration and Finance shall have primary responsibility for publication, dissemination and implementation of this University policy.