Lactation Spaces- Employee Accommodation and Covid Compliance

1. Lactation Spaces: Employee Accommodation and Covid Compliance Experiencing the journey of having a baby is far from simple, and it becomes even more challenging when new parents have to face the obstacles of returning to work after childbirth. One of the most pressing issues for new mothers and parents is navigating the process of pumping milk when they go back to the workplace. Unfortunately, the needs of new mothers often go unnoticed by employers. Many lactating mothers find themselves in uncomfortable spaces and arrangements while pumping, feeling vulnerable around colleagues and desperately needing privacy. It is all too common for breastfeeding employees to resort to pumping in inadequate locations such as storage or conference rooms, their cars, or even bathroom stalls. Their primary concerns revolve around finding a safe place to store their milk and ensuring the cleanliness and sanitation of their pumping equipment throughout the process. Thankfully, there is a growing trend among companies to support newly postpartum parents by providing comfortable and hygienic lactation spaces upon their return to work. The most crucial aspect is creating environments that are comfortable, private,

2. and sanitary, enabling lactating employees to pump efficiently while feeling supported and able to concentrate on their work. Breastfeeding employees typically need to pump two to four times a day, spending around twenty to thirty minutes per session. This significant amount of time dedicated to ensuring their babies are fed emphasizes the necessity of a fully functional and comfortable lactation space. Employees must have the opportunity to be productive and at ease while pumping, with adequate surfaces for their pumping equipment, accessible outlets for breast pumps and laptops, and clean, private storage for breast milk containers. Having a designated lactation space is not just a matter of convenience; it is critical for the health and well-being of both the parent and child. In fact, there are legal regulations that require employers to accommodate these needs. Lactation laws were strengthened with the passing of the Affordable Care Act in 2010, which established greater requirements for employers regarding breastfeeding and pumping employees. These regulations amended the previous standards set by the Fair Labor Standards Act, mandating "reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth, each time such employee has a need to express milk." Furthermore, it stipulated that employers must provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk." Although a permanent lactation area is not required, employers must make such a space available whenever a nursing mother needs to express milk. Portable solutions, like Nessel's lactation space stored in a private room, make it easier for employers to comply with labor laws. Certain employees, such as teachers and those working for some small businesses, may be exempt from the act, but the U.S. Department of Labor still strongly encourages these employers to provide the necessary accommodations. Additionally, employers must adhere to more comprehensive state and city laws regarding lactation, which may override any potential exemptions. This is particularly relevant in cities like New York and San Francisco, where progressive standards for employee accommodation and workplace well-being are upheld.

3. San Francisco, for example, built upon existing labor laws to establish more specific guidelines for employers. In addition to federal regulations, the designated lactation space must include seating, cleanliness, a surface for pumping equipment, electrical outlets, easy access to a sink and refrigerator, proximity to the employee's work area, and must be designated as a lactation space. Furthermore, employers must have a lactation accommodation policy in place and establish a clear process for handling accommodation requests. Failure to comply with these standards can result in severe penalty fines. New York City has similar requirements, although access to a refrigerator is not mandatory. Other differences include specifications for situations where two employees need to use the lactation space simultaneously or when a request for a lactation room presents an undue hardship on the employer. In such cases, a cooperative dialogue is expected. Maintaining cleanliness is crucial when it comes to pumping and storing breast milk, as it directly impacts the health and well-being of both the baby and the breastfeeding worker. Pumping equipment can easily harbor harmful bacteria and pathogens due to frequent use. This is especially concerning for babies who were born prematurely or have compromised immune systems. The Center for Disease Control and Prevention (CDC) provides specific guidelines for keeping pumping equipment clean. These guidelines emphasize the importance of washing hands before pumping and keeping the pumping area clean. It is also crucial to have a convenient method for cleaning and sanitizing pumping equipment and a suitable storage location to prevent contamination. Apart from ensuring the cleanliness of pumping equipment, breastfeeding mothers also require a convenient way to refrigerate their milk to prevent spoilage. The CDC states that breast milk can be left at room temperature (77°F or colder) for up to four hours, in the fridge for up to four days, and in the freezer for six to twelve months at most. If needed, parents can use an insulated cooler bag for up to 24 hours, but a refrigerator is the ideal storage option. Mothers who pump put in a lot of effort and don't want to see their precious liquid gold go to waste due to being left out for too long.

4. In the midst of returning to work after a period of social distancing, newly postpartum mothers face the challenge of balancing pumping in the workplace with concerns about keeping their families safe and free from infection. Given the many unanswered questions surrounding COVID-19, one common worry for parents is the risk of infection associated with breastfeeding. The World Health Organization (WHO) has concluded that the benefits of breastfeeding outweigh the risks of infection for those who choose to breastfeed. The organization encourages healthcare providers to educate mothers with suspected or confirmed COVID-19 about the importance of continuing to breastfeed. Recent hypotheses and research suggest that breast milk may contain antibodies from mothers who have recovered from COVID-19. This adds to the numerous benefits of breast milk, such as providing proper nutrition, regulating the baby's weight, and reducing the risk of disease. Workplace accommodations for breastfeeding mothers become even more critical during the COVID-19 pandemic, as having a safe and sanitized space for new mothers to pump can help alleviate their worries and promote productivity. Nessel Space offers ergonomically designed lactation spaces that include a self- contained sink, refrigerator, and outlets. These portable spaces provide fully functional solutions for breastfeeding employees to pump comfortably at work. One key feature of the lactation space is the portable sink, which allows breastfeeding employees to sanitize their pumping equipment in private. The portable refrigerator facilitates breast milk storage and minimizes contact with other employees and their stored items. The attached sink also enables easy handwashing, which is essential not only before pumping but also in preventing the spread of viruses, especially those causing COVID-19. A message to employers: Providing clean and convenient lactation spaces for employees is in everyone's best interest. By addressing concerns related to privacy and sanitation, employers not only alleviate the worries of breastfeeding employees but also empower them to multitask comfortably and focus on their work while fulfilling their parental responsibilities. Remember, a happy and healthy employee is a productive employee!