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08.231 Lactation Support Policy

The purpose of this policy is to provide guidelines and resources that support lactating employees through reasonable break time and access to appropriate lactation spaces during the workday. The University of North Carolina Wilmington (“UNCW”) recognizes that employees may need to express milk during the workday and is committed to providing reasonable support and resources that enable employees to do so. This policy reflects UNCW’s commitment to fostering a supportive workplace, employee well-being, and compliance with applicable federal and state laws.

Authority:

Chancellor

History:

Revised September 1, 2026; Approved January 7, 2013

Source of Authority:

North Carolina Office of State Human Resources Lactation Support, EEOC Pregnant Workers Fairness Act (“PWFA”); Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), part of the FLSA of 1938 (29 U.S.C. 218d: Breastfeeding Accommodations in the Workplace); 25 NCAC 01N Section .0600 - Lactation Support (pg.10)

Related Links:

OSHR Lactation Support Policy; Title IX Pregnancy & Parenting Resources; 08.224 Employee Reasonable Accommodations

Responsible Office:

Human Resources

Policy Details:

  1. Purpose

    The purpose of this policy is to provide guidelines and resources that support lactating employees through reasonable break time and access to appropriate lactation spaces during the workday. The University of North Carolina Wilmington (“UNCW”) recognizes that employees may need to express milk during the workday and is committed to providing reasonable support and resources that enable employees to do so. This policy reflects UNCW’s commitment to fostering a supportive workplace, employee well-being, and compliance with applicable federal and state laws.

  2. Scope

    This policy applies to all university employees. Employees who require additional workplace adjustments related to pregnancy, childbirth, or related medical conditions, including lactation, should also refer to Policy 08.224 Employee Reasonable Accommodations. Employees seeking information regarding pregnancy, childbirth, lactation, or parenting-related resources may consult the Office of Title IX & Clery Compliance Pregnancy & Parenting Resources webpage.

  3. Policy

    UNCW is committed to supporting lactating employees by providing reasonable break time and access to a private, functional space to express breast milk during the workday, as required under the Fair Labor Standards Act (“FLSA”) and consistent with other applicable federal and state laws. This policy establishes the university's requirements and resources for lactation support in the workplace.

    1. Time

      1. The lactating employee has the right to take reasonable break time to express their milk for their nursing child up to one year after the child’s birth. The frequency and duration of breaks needed to express milk will likely vary depending on factors related to the lactating employee. An employee may not be denied a needed break to express milk. An employee is not required to adhere to a fixed schedule that does not meet the employee’s need for break time each time the employee needs to pump.

      2. Generally, under the Fair Labor Standards Act, short breaks of 20 minutes or less are considered hours worked. If an employee is completely relieved from duty, and the break is:

        1. 20 minutes or less, the break is considered work time.

        2. More than 20 minutes, the entire break must be documented as paid or unpaid leave, or if appropriate, the employee may flex their workday to make up the time.

        3. If the employee is not completely relieved from duty, the time spent expressing milk is considered hours worked.

        4. Questions regarding compensable work time and breaks will be addressed in accordance with applicable FLSA and University timekeeping policies. Refer to 08.211 Compensatory Time (Overtime), 08.216 Other Leave and Time Keeping Categories, 08.210 TimeKeeping and Administration of Leave Programs for SHRA and EHRA Employees for more information about the FLSA.

    2. Designated Private Lactation Space

      1. UNCW provides multiple designated private lactation spaces at various locations across campus. The designated private lactation spaces are shielded from view, free from intrusion from staff and the public, have a door that can be secured or locked, a small table or other flat surface, adequate lighting, seating, and electrical outlets for pumping equipment. To the extent practicable, designated lactation spaces will be in reasonable proximity to an employee's work area and with access to running water and refrigeration.

        1. The designated private lactation spaces are intended to be reasonably available when needed by lactating employees. Employees experiencing access issues should contact their supervisor or the Office of Human Resources Benefits Department for assistance in identifying an alternative compliant space.

        2. For a current list of designated private lactation spaces on campus, please visit UNCW’s Pregnancy and Parenting Resources website.

        3. An employee who has a private office may also use the private office space for the purpose of a private lactation space. If a dedicated lactation room is not in proximity to area or accessible to the employee, supervisors may also consider other space options such as reserving and designating a conference room as needed, adapting a clean and infrequently used small storage area, or converting an unused office or other room. Restrooms are prohibited from being designated as lactation rooms.

        4. Employees working remotely are entitled to express milk free from observation by employer-required video systems, web conferencing platforms, or similar technology, consistent with applicable law.

    3. Storage of Expressed Milk

      1. The employee is responsible for the storage of their expressed milk. UNCW is not responsible for the integrity, safety, or security of expressed milk stored on university premises. Employees may use available shared refrigeration or personal insulated coolers, as appropriate. Employees are responsible for properly labeling and storing expressed milk.

  4. Resources

    1. A lactating employee should contact their supervisor or the Office of Human Resources Benefits Department if they believe an appropriate space for expressing milk has not been provided.

    2. Employees may also consult the Office of Title IX & Clery Compliance regarding pregnancy and parenting-related rights and resources.

    3. Lactating employees may contact OSHR if they believe UNCW has not been responsive to concerns raised about the University’s obligations under this policy.

    4. Employees may visit the US Department of Labor, Wage and Hour Division website at FLSA Protections to Pump at Work | U.S. Department of Labor for more information.

  5. Retaliation

    UNCW prohibits retaliation against individuals who engage in protected activities including, but not limited to, filing or making any sort of complaint, whether oral or written, that alleges they are not receiving the time or space for expressing milk as required under the FLSA or PWFA. Protected activities include, but are not limited to, requesting reasonable break time or access to a lactation space, expressing milk during the workday, requesting accommodations related to pregnancy, childbirth, or related medical conditions, raising concerns or complaints regarding lactation support, or participating in any inquiry, investigation, or proceeding related to such rights. Employees who believe they have experienced retaliation are encouraged to report their concerns to the Office of Human Resources Benefits Department or the Office of Title IX & Clery Compliance.