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DP376 – Pegnancy/Childbirth Related Workplace Accomodations

  • Effective: 8/25/2015
  • Revision: 8/30/2016
  • Reviewed:

  1. Board Directive
    This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq.  The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
  2. Administrative Policy
    1. Reasonable Breaks
      With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk.  The District shall consult with the employee to determine the frequency and duration of the breaks.  A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
    2. Private Location
      The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area.  The room or location may not be a bathroom or toilet stall.  The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
    3. Refrigerator or Freezer
      The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk.  For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
    4. Reasonable Accommodation
      The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
      In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:

      1. the date the reasonable accommodation becomes medically advisable;
      2. the probable duration of the reasonable accommodation; and
      3. an explanatory statement as to the medical advisability of the reasonable accommodation.

      The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.