3 FAM 3860
lactation POLICY
(CT:PER-818; 06-01-2016)
(Office of Origin: HR/ER/WLD)
3 FAM 3861 OVERVIEW
3 FAM 3861.1 Policy
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. It is the policy of the U.S. Department of State to
comply fully with section 4207 of the Patient Protection and Affordable Care
Act (ACA), Public Law 111-148, amended,
and the Fair Labor Standards Act of 1938 (FLSA) to require an employer to
provide covered employees with:
(1) A reasonable break time to express breast milk for
the employees nursing child for 1 year after the childs birth each time such
an employee has need to express milk throughout the
workday. The frequency and duration of time necessary to express breast milk
may vary. Employees are encouraged to have open dialogue with supervisors for
flexibility during the workday to nurse; and
(2) A place, other than a bathroom, that is shielded
from view and free from intrusion from coworkers and the public that may be
used to express breast milk.
b. On December 20, 2010, President Obama delegated
authority to the Office of Personnel Management (OPM) to provide guidance to
executive branch agencies and civilian employees on workplace accommodations
for employees who are nursing mothers.
c. While the new provision applies only to employees
who are subject to FLSA overtime pay provisions, OPM has determined that the
rationale for the policy contained in that section applies to all executive
branch employees. Accordingly, in accordance with the authority delegated to
OPM by the President, and in order to ensure consistent treatment of nursing
mothers within the Federal workforce, OPM has directed agencies to apply the
requirements of the law to all executive branch civilian employees,
irrespective of FLSA exemption status.
3 FAM 3861.2 Authorities and
References
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically)
Section 4207 of the Patient Protection and ACA, Public Law 111-148, amended the Fair Labor
Standards Act of 1938 (FLSA) (29 U.S.C. 207(r)).
3 FAM 3861.3 Applicability
(CT:PER-676; 05-04-2012)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically)
These procedures apply to all qualified employees and
employment applicants, as defined by law.
3 FAM 3861.4 Organization
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Three offices have designated roles in supporting
the Departments lactation policy:
(1) The Office of Employee Relations, Work Life
Division (HR/ER/WLD);
(2) The Bureau of Administration, Office of Operations (A/OPR); and
(3) The Office of Medical Services (MED).
NOTE: These
offices play liaison roles, with HR/ER/WLD taking the lead to organize and post
policy and information, call meetings, meet with interest groups, and resolve
problems.
b. A/OPR is responsible for acquiring/designating
lactation rooms.
c. MED serves as a subject-matter consultant.
3 FAM 3861.5 General Provisions
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically)
Spaces within Department buildings that are designated to
be lactation rooms must be consistent with the Office of Personnel Management
(OPM) guidelines and have the following general characteristics:
(1) Space: A clean, private space, consistent with Section 4207 of
the Patient Protection and ACA and amended section 7(r) of the FLSA will
be provided.
o The Office of
Employee Relations (HR/ER) is responsible for coordinating the Departments
efforts and will maintain a building-by-building listing of designated
lactation rooms
o
A reasonable amount of space
is required, generally considered to be 8 feet by 10 feet
(2) Privacy: Designated
lactation rooms must provide privacy. These rooms must be places other than
bathrooms, as required by law. Each room must be shielded from view and free
from intrusion by coworkers or the public. If
possible, employees should be able
to lock the door from the inside (while still
allowing entry by emergency response personnel). To schedule use of a
designated lactation room, visit HR/Employee Relations/Lactation;
(3) Proximity:
The designated lactation room should be clearly marked, centrally located, if
possible, and reasonably convenient to nursing mothers throughout the building;
(4) Access to water: Where feasible, a lactation room should have a sink
with running water, soap, and paper towels;
(5) Seating: A
comfortable seat for the nursing mother will be provided;
(6) Table: A
small table (a minimum of 18 inches by 18 inches) will be provided to
accommodate a breast pump and accessories. The table should be located
sufficiently near an electrical outlet; and
(7) Leave: While
there is no special paid leave category for nursing mothers, the Department
supports the practice of providing nursing mothers with a reasonable amount of
time to express milk -- generally 15 to 20 minutes, depending upon the distance
of the lactation room from the office and the needs of the nursing mother-- 2
or 3 times a day or as frequently as needed by the individual mother.
Supervisors should make every effort to accommodate these breaks.
(8) Refrigeration: If possible, a small refrigerator should be provided to
accommodate safe storage of breast milk located sufficiently near an electrical
outlet.
3 FAM 3861.6 Interim Arrangements
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Overseas)
(Locally Employed Staff and Contractors Assigned Overseas)
Although the provisions of
the Patient Protection and ACA and FLSA pertaining to lactation breaks and
lactation rooms do not apply outside of the United States, it is the policy of
the Department to voluntarily provide breaks and facilities to nursing mothers
working for the Department in foreign posts, similar to the breaks and
facilities described in 3 FAM 3861.1(a)(1), to the extent practicable. Locally employed
staff follows the provisions of local labor law.
3 FAM 3862 ADDITIONAL INFORMATION
(CT:PER-818; 06-01-2016)
(State only)
(Foreign Service and Civil Service Employees Assigned Domestically and Overseas
including Contractors and Locally Employed Staff)
Additional program information and guidance, including a
list of locations available for use by lactating mothers, may be found on the
HR/ER/WLD Web site.
3 FAM 3863 through 3869 unassigned