Unpaid Rest Breaks for Lactating Employees

PCC Human Resource Procedure Manual

Effective Date: January 1, 2008 Authority: Board Policy B 213; ORS 653.077

Purpose

To provide reasonable unpaid rest breaks for an employee to express milk for a child who is 18 months of age or younger, and to clarify the procedures for requesting rest breaks for this purpose.

Process

When possible, an employee who intends to express milk for their child is required to provide reasonable notice of intent to the supervisor or manager upon returning to work after the child’s birth. Failure to give notice is not grounds for discipline.

An employee who makes such a request shall be provided a reasonable rest break to express milk each time the employee has a need to express milk.

Any portion of the rest period that extends beyond the employee's regular paid rest or meal break will be unpaid. (For example, if the employee takes a 30 minute rest break to express milk concurrent with a 15 minute paid rest break, 15 minutes will be paid and the remaining 15 minutes will be unpaid.) However, an employee taking unpaid rest breaks to express milk may make up the time either before or after the employee's regular shift with the supervisor or manager's approval.

Unpaid rest breaks will count as paid work time for purposes of health insurance eligibility.

The college will make a reasonable effort to provide a suitable location (other than a public restroom or toilet stall) for employees to use to express milk in private and that is within walking distance from the employee's work area. If possible, the room will contain a chair and table or stand, and access to a nearby electrical outlet and washing facilities. The following lactation areas at the main campuses are available for this purpose:

  • Cascade: Cascade Hall, Room 110 (Call Public Safety to open room, x4902); Jackson Hall, Floor 2 (ask at room JH 207 for key); Student Union, Floor 3 (ask at any third floor office for key)
  • Rock Creek: Bldg 5, Room 218 (ask for key at the Information Desk on the first floor)
  • Southeast Campus: Mt Tabor Hall, Room 124A (ask for key in the Career Exploration Center, Women’s Resource Center, or Student Life and Leadership)
  • Sylvania: TCB, Room 303 (ask for key in TCB 312); CC 272 (room generally unlocked but call Public Safety if not, x4902); HT 1st Floor Women’s restroom (private space reserved for nursing mothers in restroom lobby)
  • Downtown Center: Room 316 (room generally unlocked)
  • CLIMB Center: Room 114, Health Professions File Room
  • Newberg Center: Room 107, near vending machines, labelled "Comfort Room"
  • Willow Creek Center: Room 203, across from elevator

Employees at work sites that do not have a designated lactation area should contact their supervisor or manager to arrange a suitable location. A suitable location may include, but is not limited to any of the following if the area allows the employee privacy in which to express milk:

  • The employee's work area;
  • A lounge or other room connected to a public restroom; or
  • A childcare facility.

In the event that the designated lactation area is not within close walking distance of an employee's work area, the employee should contact a supervisor to discuss allowing a reasonable amount of time for the employee to walk to and from the lactation area. The agreed upon amount of time will not be included as part of the lactation break period.

An employee covered under this policy is responsible for storing expressed milk and will be allowed to bring a cooler or other insulated food container to work for this purpose. A refrigerator made available to employees for personal use may also be used.

An employee storing expressed milk in a refrigerator provided for use by other employees, will ensure that the milk is in a container clearly labeled with the employee's name and the date. Note: Oregon Health Department regulations governing campus food service operations prohibit use of cafeteria refrigerators for this purpose.

Responsibility

When possible, an employee who intends to express milk for their child is required to provide reasonable notice of intent to the supervisor or manager.

Revised: 09-17-2019