Issued: 6/7/2019; Effective: 6/7/2019 Reviewed last: 6/7/2019
SECTION 1. PURPOSE.
.01 This Order establishes the National Oceanic and Atmospheric Administration’s (NOAA) policy to provide guidance on the roles, responsibilities, and use of worksite accommodations for nursing mothers to express milk upon their return to work from maternity leave. NOAA serves to offer the emotional support and worksite assistance nursing mothers need as they transition back into the workplace. This Lactation Program Policy and its Handbook illustrates the NOAA’s commitment to a family-friendly workplace, and support of new mothers returning to work.
.02 This policy aligns the NOAA’s compliance with the mandates of the Lactation Amendment to the Fair Labor Standards Act (FLSA) as part of the Affordable Care Act, the Department of Commerce (Department) and current rules and regulations. In addition, this policy identifies program roles and responsibilities and provides guidelines for the use of the NOAA’s lactation facilities.
SECTION 2. SCOPE.
The provisions of this NOAA Administrative Order (NAO) apply to all NOAA Line and Staff offices full-time and part-time employees nationwide, including contractors, affiliates, and visitors, who may utilize any NOAA lactation room/space, and provides a framework for the effective management of the NOAA Lactation Program. Where provisions of this Policy differ from negotiated collective bargaining agreements, the provisions of the collective bargaining agreement will apply. This NAO will be applicable until canceled or superseded.
SECTION 3. DEFINITIONS
.01 Lactation Program Manager: An individual who provides overall management of the NOAA’s Nursing Mothers Program. Ensures all required and negotiated procedures are followed.
.02 Lactation Program Coordinator: An individual who provides subject matter expertise in lactation services to management officials and nursing mothers. Develops and carries out outreach strategies to promote the program.
.03 Lactation Program Liaison: An individual or group responsible for maintaining the lactation rooms/space at their location. Provides participants with information, and monitors and tracks nursing mother’s participation and access to lactation facilities.
.04 Nursing Mother: A NOAA employee, a contractor, an affiliate, or visitor who utilizes any of the specified lactation rooms/space to express milk.
.05 Lactation Room: A private, secure, and clean facility where nursing mothers can express their breast milk while at work. It is a private space shielded from view and free from intrusion of others.
SECTION 4. POLICY.
.01 The Policy of the NOAA Lactation Program, also referred to as the Nursing Mothers Program, applies to all NOAA line and staff offices nationwide. In keeping with the Fair Labor Standards Act, nursing mothers will be allowed reasonable break times to express milk throughout the workday, each time the employee has a need to express milk. Some NOAA lactation rooms are equipped with electronic breast pumps, associated supplies, dedicated refrigerators for storage of breast milk, microwaves, and a sink.
.02 The NOAA provides lactation rooms for NOAA employees, contractors, affiliates, and visitors on official business. Access to information and educational resources for breastfeeding, as well as assistance or consultation for nursing mothers is also provided upon request. All employees are expected to assist in providing a supportive atmosphere for breastfeeding employees. All documents attached to this NAO are considered direct extensions and therefore, serve as a portion of the policy.
SECTION 5. RESPONSIBILITIES.
.01 All NOAA Line and Staff Offices must comply with this NAO. NOAA employees, contractors, affiliates, and visitors on official business have a responsibility to take appropriate measures to promote and maintain compliance with this Order’s prescribed provisions. The following describes the roles and responsibilities:
- Lactation Program Manager is responsible for the overall management of the NOAA's Lactation Program. Ensures all aspects of the program are carried out in conformance with Department of Commerce policy and all required Federal Laws, Executive Orders, Rules, and Regulations.
- Lactation Program Coordinator is responsible for the overall day-to-day management of the NOAA's Lactation Program. Responsible for the administration of the policy and is responsible for ensuring nursing mothers comply with all program requirements.
- Lactation Program Liaison is responsible for arranging and/or removal of access to the lactation facilities. Responsible for the timely and adequate completion of all required related assistance.
- Nursing Mothers are responsible for communicating with their supervisor, prior to their return from maternity leave, their intentions to participate in the Nursing Mothers Program. They must register for the program and follow the procedures outlined in the participant agreement.
- Supervisors are responsible for:
- creating a supportive environment,
- establishing a mutually agreeable break schedule and,
- providing consistent, equitable treatment for nursing mother employees so they can adequately manage their nursing needs.
SECTION 5. REFERENCES.
- Fair Labor Standards Act (FLSA)
- 5 U.S.C. 7301, Presidential Regulations
- Public Law 111-148, The Patient Protection and Affordable Care Act (March 23, 2010)
- U.S. Office of Personnel Management Memorandum CPM 2010-19, Nursing Mothers in Federal Employment (December 22, 2010)
- OPM Guide for Establishing a Federal Nursing Mother’s Program (January 2013)
SECTION 6. EFFECT ON OTHER ISSUANCES.
.01 The Assistant Secretary of Commerce for Environmental Observation and Prediction
Performing the duties of Under Secretary of Commerce for Oceans and Atmosphere signs because there is no delegation of authority for this NAO.
.02 An electronic copy of this Order will be posted on the NOAA Office of the Chief Administrative Officer website under the Administrative Programs’ NOAA Administrative Issuances section.
Signed,
Neil A. Jacobs, Ph.D. Assistant Secretary of Commerce for Environmental Observation and Prediction Performing the Duties of Under Secretary of Commerce for Oceans and Atmosphere
Attachment
NOAA Lactation Program Policy Handbook
Office of Primary Interest:
NOAA Office of Human Capital Services
All NOAA Line and Staff Offices