3.38 / Lactation Support for Employees

1. Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., WSIA Investments Corporation.
2. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
3. Lactation/Wellness Room: A private space designated for use by lactating Employees that is not a bathroom, and that is shielded from view and free from intrusion from coworkers and the public.
4. Leadership: University Department Chairs, Directors, Deans or any other individual designated by the University with authority to supervise an Employee.
5. Non-Exempt Employee: An Employee who is not exempt from the FLSA's minimum wage and overtime provisions, as determined by the University.
6. University: Wichita State University and Controlled Affiliated Organizations.

Access to Lactation/Wellness Rooms

1. The University has established Lactation/Wellness Rooms for use by lactating Employees. A list of Lactation/Wellness Rooms may be found on the Office of Civil Rights, Title IX & ADA Compliance website.
2. If there is not a Lactation/Wellness Room near an Employee's work station, Leadership will work with the Employee to find an alternative location. Ideal locations are clean, maintain an appropriate temperature and ventilation, and are located near the work station with a comfortable chair, have a table or flat surface to hold a breast pump, have locks for privacy, and include at least one electrical outlet. Allowing access to a refrigerator and sink, where available, is helpful. Departments may not designate a restroom (bathroom) as a Lactation/Wellness Room.
3. If a department is not able to provide an Employee with access to a Lactation/Wellness Room, then the following is allowed:
   1. Reasonable time to travel to another building where a Lactation/Wellness Room is located. Employees will not be penalized for extra travel time needed to access the Lactation/Wellness Room.
   2. Employees who work in multiple locations should make individual arrangements with Leadership for those locations to access a Lactation/Wellness Room.
4. Employees who work remotely will be permitted to express milk free from observation through any employer-provided or required video system, including computer camera, security camera, or web conferencing platform.

Reasonable Break Time

1. A lactating Employee will be permitted to take reasonable break time each time the Employee has a need to express milk. These breaks may be taken as part of, or in addition to, an Employee's regularly scheduled breaks and mealtimes, if any. Employees are also encouraged to utilize the University's Flexible Work Arrangement process to request an adjustment to their work schedule if it is needed. The frequency and duration of breaks needed will likely vary depending on factors related to the lactating Employee and child. Factors such as the location of the space and the steps reasonably necessary to express milk, such as pump setup and cleaning, can also affect the break time duration that an Employee will need to express milk.
2. Lactating Employees must be compensated in the same way that other Employees are compensated for break time. For any break time needed to express milk that is in addition to or exceeds regularly scheduled breaks and would otherwise not be compensable time, a Non-Exempt Employee may be required to use vacation or compensatory time, or unpaid leave if no paid leave time is available. To the extent that a Non-Exempt Employee performs work while taking break time to express milk, such time shall be compensated and treated as hours worked for purposes of overtime.

Extending the One-Year Period

1. Leadership may extend the one-year period under reasonable circumstances. If more than one year (from the child's birth) is needed for lactation purposes, the Employee may contact Human Resources for assistance with seeking an extension.

Assistance and Enforcement of this Policy

1. If an Employee believes that they have not been provided sufficient access to facilities or break time as set forth in this policy, the Employee is encouraged to seek assistance from the next level of Leadership or contact their assigned Human Resources Business Partner.