Support for Breastfeeding Employees and Visitors

Policy Description

In accordance with federal and state law, the State Office of Administrative Hearings (SOAH) is committed to providing a supportive, respectful, and comfortable environment for lactating mothers.  SOAH promotes and supports breastfeeding and the expression of breastmilk by employees as well as visitors.  As such, discrimination or harassment of lactating mothers is unacceptable and will not be tolerated at SOAH.

Human Resources must notify all employees about this policy during New Employee Orientation.

Supervisors or team leaders are responsible for reminding employees of this policy as appropriate and implementing its provisions as applicable. 

Policy

Work Schedule Flexibility for Breastfeeding Employees

SOAH must provide breastfeeding employees with suitable work schedule flexibility, including the scheduling of breaks and lunch periods to provide adequate time for expression of milk.  Breastfeeding employees are encouraged to include milk expression during lunch and break periods and may work with their supervisor or team leader to designate a staff member to assume temporary care of their responsibilities if additional expression breaks are needed.  Furthermore, breastfeeding employees may make up time used over and above scheduled break periods by taking a shorter lunch period, starting the workday earlier or departing later, or through other flexible scheduling options as coordinated with their supervisor or team leader.

Right to Breastfeed or Express Milk in Public Places

In accordance with Texas Health and Safety Code section 165.002, SOAH recognizes that a mother is entitled to breastfeed her baby or express breast milk in any location where she is otherwise authorized to be.  SOAH must support employees and visitors who want to breastfeed or express milk and must treat them with respect and dignity. SOAH may offer its private space utilized for lactating employees to such visitors who may have the need for it.

Lactation Facilities Provided for Employees and Visitors

At each of its locations of business, SOAH must provide:

• a private, clean space, other than a bathroom, for expressing milk, and where feasible, the space must be dedicated for the specific use of expressing milk; and
• access to a safe water source and a sink within reasonable distance from the designated lactation space.   

Employees and visitors may store their expressed milk in their own personal coolers with ice packs, in the refrigerator provided in the designated lactation space, if available, and/or in a shared break room refrigerator space, if available.

Employees and visitors at SOAH’s headquarters in Austin may utilize SOAH’s dedicated Lactation Room located on the 5th floor of the William P. Clements Building.  The Lactation Room provides a private, clean space with a locking door, comfortable seating, a refrigerator reserved exclusively for the storage of breast milk, access to a clean water source, and nearby access to a bathroom and drinking fountain.  To schedule use of SOAH’s Lactation Room, please contact SOAH’s Human Resources Division at 512.475.2786 or by email at SOAH.HR@soah.texas.gov.

At SOAH office locations where a dedicated lactation room is not available, SOAH must provide breastfeeding employees and visitors with a private office or private mixed-use space.  Breastfeeding employees and visitors have priority over all other uses of the space.

Approvals

Supervisors and team leaders must approve flexible work scheduling options utilized by breastfeeding employees.

Custodians of Records

Documentation of approval for a breastfeeding employee to utilize flexible work scheduling options shall be maintained by Human Resources as part of each employee’s personnel file.

Documentation regarding the use of designated lactation spaces, by both employees and visitors, shall be maintained by Human Resources.