Breastfeeding - Policy and Procedure

Policy Number:         701

Date Effective:          07/01/2008

Date Reviewed:        11/09/2023               

Date Revised:           11/09/2023

References:              Montana Code Annotated 39-2-215 to 217. Public employer policy on support of women and breastfeeding – unlawful discrimination.    

Purpose

This procedure allows that the services and arrangements are coordinated to ensure that an employee’s decision to breastfeed and/or express milk in the workplace will be encouraged and supported by their supervisor, Human Resource Services (HRS) and all University departments.

Policy

In accordance with §§ 39-2-215 to 217, Montana Code Annotated, the University of Montana supports and encourages the practice of breastfeeding, accommodates breastfeeding needs of employees, and provides adequate facilities for breastfeeding or the expression of milk for the employee’s child as provided below.

It is an unlawful discriminatory practice to refuse to hire or employ, or to discharge or discriminate against an employee who breastfeeds or expresses milk in the workplace.

Procedures

1. Eligibility

All staff, contract administrators, contract professionals, Letter of Appointments and faculty positions are covered by this policy.

2. Definition of Adequate Facilities

  • Private room with a closable door - preferably lockable (e.g., private office, unused conference room).
  • Suitable and comfortable chair (preferably with available table space)
  • Electrical outlet
  • Good or adequate lighting
  • Access to a nearby clean, and safe water source
  • Access to a refrigerator or cooler to store breast milk
  • NOTE: Toilet stalls and closets are unacceptable

Initiation of Service

Any employee who wishes to breastfeed or express milk in the workplace shall make an appointment with the Human Resource Services (HRS) Benefits Coordinator to obtain information regarding the employee’s rights and responsibilities.  The employee will then initiate a request to obtain needed services and facility space by initiating one (1) of the two (2) options listed below:

  1. Contact the immediate supervisor to identify suitable accommodations which meet all policy requirements within the employee’s work space and or building.
  2. The HRS Benefits Coordinator will work with the employee and supervisor to find suitable accommodations and ensure compliance with this policy.

Role of the Supervisor

The supervisor shall be responsible for completing the following:
  • Assist the employee to identify suitable space for such use, including providing privacy, lighting, and electricity needs.  Private space does not need to be fully enclosed or permanent, but must be readily available and secure during the time the employee needs the space.  (Toilet stalls and public restrooms are not suitable spaces). 
  • Ensure that there is a convenient refrigerated unit for milk storage. If a departmental refrigerator is provided, employee must ensure that storage containers are well-marked.
  • Ensure that the employee knows their legal right to a discriminatory-free employment setting due to their decision to breastfeed or express milk in the workplace.
  • Coordinate support services with the HRS Benefits Coordinator to find a suitable breast pumping space if unable to create an appropriate plan within relatively close proximity to employee’s workspace.
  • Provide reasonable unpaid break time each day or make reasonable accommodations for flexible work schedules for employees wishing to breastfeed or express breast milk.

Role of the Employee

The employee is responsible for completing the following:

  • Contact the HRS Benefits Coordinator to obtain information regarding services and programs that support a decision to breastfeed or express milk in the workplace.
  • Coordinate a plan as early as possible with employee’s immediate supervisor to confirm a plan on how to ensure that adequate services and facilities are available to support the decision to breastfeed or express milk in the workplace.
  • If needed, contact the HRS Benefits Coordinator for support and advice on finding a suitable breastfeeding or pumping location within the department or somewhere else on campus. The HRS Benefits Coordinator can assist or intervene to work with the employee’s supervisor and address any problems or concerns that surface anytime.  The HRS Benefits Coordinator will communicate with the HRS Associate Vice President to resolve challenging situations.

Coordination of Services and Support

The HRS Benefits Coordinator will provide all pertinent information to the employee regarding policies that may apply; such as the Family Medical Leave Act, medical insurance information and an overview of UM services which support an employee’s choice to breastfeed or pump milk at the workplace. 

The HRS Benefits Coordinator will follow-up with the employee to monitor compliance and provide advocacy, if needed, to ensure adequate facilities and resources are provided compliant with this policy.  The HRS Benefits Coordinator may need to work with the employee’s supervisor, arrange for another suitable campus location of a breastfeeding and/or pumping location, and will contact the HRS Associate Vice President if problems should arise.

The HRS Associate Vice President will be contacted for follow-up and advice if there appears to be non-compliance or concerns regarding any aspect of this policy. 

Human Resource Services has a private, designated breastfeeding room on the 2nd floor of the Emma B. Lommasson building.  Please contact the HRS Benefits Coordinator by calling the Employee Welcome Center at 406-243-6760.

HRS Benefits Coordinators

Rita Garland, Benefits Specialist

406-243-4238 or email:  rita.garland@umontana.edu

Stacie Brennecke, Benefits Associate

406-243-2570 or email:  stacie.brennecke@umontana.edu

For all other inquiries, please call the Welcome Desk at 406.243.6760.