Intelligent HR Management Solutions that Promote Growth and Reduce Risk

1. Intelligent HR Management Solutions that Promote Growth and Reduce Risk

2. Prevalent Practices Regarding Workplace Breastfeeding Presented by: Michelle Pedzich HR Works, Inc. For: Finger Lakes Regional Perinatal Forum January 29, 2009

3. Agenda • Current climate and the case for breastfeeding • The court report • Breastfeeding and the law in New York State • Employer accommodations in the workplace • The word on the street: local examples

4. Introduction • Director of Compliance at HR Works, Inc. • Working mother of a seven year old daughter • Returned to work nine weeks after giving birth • Pumped until five months • Nursed until ten months

5. Recent Press • “Hey Facebook, Breastfeeding is not obscene!” • Photos of nursing mom’s flagged for removal • Members cannot upload photos that are “obscene, pornographic, or sexually explicit” • Over 100,000 changing their photos and staging a “nurse-in”

6. Other famous headlines • California Mother, Rachel Poppelwell • Work trip to Las Vegas • Expressed 6 ounces of breast milk to take home to 9 month old • Showed screener who made her throw it away since her baby was not with her • Different Airline • Screener forced mother to sample her breast milk to prove it wasn’t a dangerous substance

7. Current Climate • US Breastfeeding rates at recorded highs • Over 50% of mothers with children less than one year of age are in the labor force • 70% of women with children under three years of age work full-time • One-third of mothers return to work within three months of giving birth • In 2002, 70.1% of mothers initiating breastfeeding in the hospital while 33.2% continued for six months Sources: Mother’s Survey, Ross Products Division of Abbott Laboratories, 2002 U.S. Department of Labor

8. Current Climate • Less than 20% of companies currently offer employee lactation programs • Research shows that going back to work is one of the biggest barriers to continuing to breastfeed • “To the chagrin of employers, highly skilled, educated employees are the least likely to return from maternity leave” - Robert Dragon, Penn State

9. The Case for Breastfeeding • Benefits for Babies… • Enhanced immune system • Resistance to infection • Nutritional & growth benefits • Developmental benefits • Benefits for Mothers… • Quicker recovery to pre-pregnancy state • Reduced risk of osteoporosis • Reduced risk of reproductive cancers • Cost savings for family …And of course bonding!

10. The business case for employers • Retention tool • Higher morale/ company loyalty • Family friendly image • 90% of employers on Working Mother Magazine’s list of “100 Best Companies to Work For” offer workplace lactation programs • 94% of women participating in workplace lactation programs are more likely to remain with the company, even through two or more births (source: Study by Limerick, Inc.)

11. The business case for employers • Improved productivity • Workers more productive when supported by their employer • Less family sick days • Cost savings • Lower health care costs-savings of $400 per baby per year • Save $3 for every $1 investing in breastfeeding support • Less waste-Go Green! Source: U.S. Breastfeeding Committee

12. The resistance • Lack of private space/inadequate facilities • Uncomfortable with topic • Stereotypes about breastfeeding • Scheduling issues • “Stealing time”

13. The Court Report • No lawsuits settled or published in New York State (yet) • In California, Silicon Valley firm fined $4,000 for failing to provide a proper space for employee to express breast milk • Computer server room with security cameras was not adequate!

14. The Court Report • Harper versus California State Assembly, 2003 • Employee walked several blocks in order to breastfeed baby and express milk • Reprimanded for stealing time and demoted • Case settled for $540,000 and employee given lifetime health benefits

15. Breastfeeding and the Law in NY • New York was the first state to exempt breastfeeding in public from its criminal statutes • Effective August 15, 2007, employers in New York State must provide reasonable unpaid break time each day to allow employees to express breast milk for nursing children for up to three years following childbirth

16. Requirements for NY Employers • Provide notice regarding nursing mother’s rights • Posted notice • Handbook Policy • Distribute notice to all pregnant women • Prohibit discrimination against nursing mothers • Make reasonable efforts to provide a room or other private location that is kept clean

17. Requirements for NY Employees • Provide notice of their intent to nurse or breastfeed in the workplace before returning to work (if possible) • This notice is so the employer can: • Establish location • Coordinate schedule with other nursing mothers • Bring home breast milk each day

18. What is reasonable break time? • A break at least once every three hours for the purpose of expressing breast milk for no less than 20 minutes • If the room or location is not close, then a break no less than 30 minutes must be provided • Number of breaks needed may vary depending on: • Amount of time mother is separated from nursing infant • Mother’s physical needs • A scheduled break may be postponed for no more than 30 minutes to wait for coverage to arrive

19. Paid time • Unpaid time can run concurrently with regularly scheduled break times and meal periods • Employer must allow employee to work before or after her shift to make up time used during unpaid breaks for expressing milk if time requested is within the employer’s normal working hours • Employer’s should be cautious of “docking time”, particularly for exempt employees

20. Adequate Location • Employers must provide room or other private location as long as doing so is neither: • Significantly impracticable • Inconvenient • Expensive • A restroom or toilet stall is not acceptable

21. Adequate Location • Option One: • A room designated as the nursing room with an established schedule to accommodate multiple nursing mothers • Option Two: • Vacant office or other room on a temporary basis as long as it cannot be accessed by public or other employees while employee is nursing • Option Three: • Cubicle that is fully enclosed with a partition and 7 foot walls

22. What else can employers do? • Support • Time • Space • Gatekeeper

23. Support • Provide a “buddy” • Provide a new mom welcome kit • Cooler bag with cold packs • List of lactation consultants • Gift card to retailer that sells breast pumps • List of child care facilities • Other baby-related items • Rent hospital grade pump • Provide access to a lactation consultant

24. Time • Flexible work arrangements • Balance-needs of company versus employee • Most women can adjust pumping times by up to 30 minutes if needed • Offer at least three ½ hour breaks for every eight hours of work

25. Space • Private room with comfortable chairs and a table • Blinds or shades for any windows • Private refrigerator for storage of milk • Plenty of electrical outlets • Clock • Sink, soap, antibacterial gel, paper towels • Mirror • Schedule posted on the door • Computer and phone

26. Gatekeeper • Company advocate • Usually Human Resources

27. LOCAL EXAMPLES

28. Call Center Company (2000) • Employee requested permission to pump during a few times during the day, would make up time before and after shift • Supervisor said no initially • Supervisor then said okay, but only during certain times of the day and in the cafeteria so he can monitor her time Outcome: HR was contacted, situation was immediately corrected. Employee used empty conference room or the bathroom with outlets.

29. Investment Firm (2001) • 25 employees • All private offices, doors did not lock • Sign on door when breastfeeding • “Unlimited” break time • Paid maternity leave for 8 weeks Outcome: All three nursing mothers returned after having their children • One at 9 weeks • One at 12 weeks • One at 16 weeks

30. Health Care System (2002) • Over 10,000 employees • Employee “too embarrassed to ask” male supervisor • Locked office but no blinds on the window, usually pumped in the car • Hid breast milk in the refrigerator • Employee worked in HR in the benefits area • No policies or support offered Outcome: Company now has a dedicated room and lactation consultants available

31. Engineering Co.(2008) • 150 employees • Lack of private space • Empty conference rooms • Borrow an office • Taped paper to windows • Complaints of extended break times (45 minute-1 hour breaks) Outcome: Employee “felt pressure” to stop pumping and breastfeeding. Went part-time, then left the company. Did not want to file a formal complaint.

32. Medical Office (2009) • 125 employees • “Family friendly” environment • Employee taking 1 hour break every 3 hours • Working 7am-5pm • Pumping 8-9, 11-12, 2-3, plus taking ½ hour lunch at 12:30pm • Staff coverage issues • Employer felt breaks were “excessive” Outcome: Office addressed issues with employee. She is working on modifying her pumping schedule. Stated she was overwhelmed as a new mother juggling work and home.

33. Credit Union (2008) • 2,000+ employees • Considers itself to have family friendly environment • Separate “mom’s room” for pregnant and nursing mothers • Room equipped with private cubicles with outlets • Comfortable couches • Private refrigerator • Wireless network • Two computers with phones nearby Result: No formal statistics but surveys from moms regard this benefit as a primary factor in returning to work!

34. Final Thoughts • Employer Education • Resources for Employees • New Court Cases in New York • New Political Environment

35. Questions?

36. HR Works, Inc.