Lactation Resource Policy and Practices in the California State University

 

AS-3277-16/FA (Rev)

 

RESOLVED: That the Academic Senate of the California State University (ASCSU) urge the California State University (CSU) to acknowledge the importance and value of adequate lactation resources for all faculty, staff, administrators and students; and be it further

 

RESOLVED: That all CSU campuses review existing lactation resource policies1 and develop and implement such a policy on campuses where it is absent; and be it further

 

RESOLVED: That new and existing CSU lactation resource policies comply with state and federal laws requiring a minimum number of dedicated and regularly-maintained lactation stations on each campus; and be it further

 

RESOLVED: That new and existing CSU lactation resource policies contain recommendations including but not limited to:

  • The proximity of lactation stations to centrally-located instructional spaces (e.g. student unions or libraries) and faculty/staff/administrative offices.
  • That lactation stations be equipped with a sink, comfortable seating, proximal electrical outlets, changing tables, refrigeration for storage, and an emergency phone.
  • That campuses provide on-site and digital/web-based signage along with map indications for lactation stations.
  • That all students, staff, faculty and administrators receive lactation resource information upon hire or orientation.

 

RESOLVED: That the ASCSU distribute this resolution to the CSU Board of Trustees, CSU Chancellor, CSU campus Presidents, CSU campus Senate Chairs, CSU Provosts/Vice Presidents of Academic Affairs, California Faculty Association (CFA), California State Student Association (CSSA), CSU Emeritus and Retired Faculty Association (CSUERFA), and CSU campus facilities and planning departments.

 

RATIONALE:  California Labor Codes §1030-1033 require California employers to provide accommodations for breast and chest feeding parents, to provide a reasonable amount of break time, and to provide a private space, other than a toilet stall, close to the employee’s work area, to accommodate an employee desiring to express milk for a baby. California Labor Codes §1030-10332, as amended in 2015, also specify that California schools are required to provide reasonable accommodations to a lactating pupil on a school campus. These laws are further re-enforced through Section 7(r) of the Fair Labor Standards Act (FLSA)3 and effective March 23, 2010 by the Patient Protection and Affordable Care Act, which amended the FLSA to require employers to provide a nursing parent reasonable break time to express breast milk after the birth of a child for up to one (1) year. The amended law also requires that employers provide a place for an employee to express breast milk, other than a bathroom, that is shielded from view and free from intrusion by coworkers and the public, and that such designated lactation stations should be available in close proximity to the employee’s work area.

 

The laws and guidelines expressed in both California Labor Codes §1030-1033, the FLSA, and Executive Order 10964, which prohibits discrimination in the CSU (including discrimination against pregnant and breast and chest-feeding parents, as revised by Chancellor Timothy P. White on June 23rd, 2015), have not been consistently implemented across the California State University system. Although many campuses have successfully responded to these mandates, many have failed to develop or adequately implement policies that meet the basic standards and criteria expressed in these laws. Due to the inconsistency in implementation of the laws set forth in both California Labor Codes §1030-1033, the FLSA, and CSU Chancellor’s Executive Order 1096, the most efficient way to ensure compliance across the California State University system, is for the adoption of a single system-wide policy with defined minimum criteria, including the number of lactation locations and services, for the purpose of supporting breast and chest feeding parents working or studying in the CSU.

 

 

 

 

Approved Unanimously – January 26-27, 2017

 

______________________________________

 

 

1 http://web.csulb.edu/divisions/aa/personnel/handbook/policies/lactation_accommodation.html;

https://csumb.edu/sites/default/files/images/st-block-66-1470781633521-raw-csumblactationspaceaccessflowchart.pdf; http://www.csuchico.edu/sustainablefuture/archives/2009conference/index.shtml; http://www.csub.edu/healthcenter/studenthealthservices/services/lactationroom%20/; http://www.csueastbay.edu/students/campus-life/shcs/medical-services/services/mothers-room.html
 

2 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1030.&lawCode=LAB

 

3 https://www.dol.gov/whd/nursingmothers/sec7rflsa_btnm.htm

 

4 https://www.calstate.edu/eo/EO-1096-rev-6-23-15.html

 

 

 


 
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