(a) Lactation Accommodation Policy. Each Employer shall develop and implement a policy regarding Lactation Accommodation. The policy shall:
(1) Include a statement that Employees have a right to request Lactation Accommodation.
(2) Identify a process by which an Employee may request Lactation Accommodation. The process shall:
(A) specify the means by which an Employee may submit a request for Lactation Accommodation;
(B) require the Employer to respond to a request for Lactation Accommodation within five business days; and
(C) require the Employer and Employee to engage in an interactive process to determine the appropriate Lactation Break period(s) and the Lactation Location for the Employee.
(3) State that if in response to a request for Lactation Accommodation, the Employer does not provide Lactation Breaks or a Lactation Location, or provides a Lactation Location that does not comply with Section 31.4(b), on the basis of the exception available under Section 31.4(c), the Employer must provide the Employee a written response that identifies the basis upon which the Employer has denied the request. Copies of the responses required by this subsection (a)(3) shall be retained in accordance with Section 31.6.
(4) State that retaliation against an Employee for exercising the rights conferred by this Article 31 is prohibited.
(b) The Employer’s Lactation Accommodation policy shall be distributed to all Employees upon hiring. The Employer shall also offer a copy of the policy to any Employee who inquires about or requests pregnancy or parental leave. If the Employer has an employee handbook or set of policies that the Employer makes available to Employees, the Lactation Accommodation policy shall be included therein.