(a) The Director of Public Health, or his or her designee, shall create and distribute through the Department of Public Health website and through other means, as appropriate, guidance for Employers regarding best practices for Lactation Accommodation. The guidance shall provide examples of permissible Lactation Locations and shall include the following recommendations:
(1) Permanent Lactation Location. The ideal situation is for an Employer to designate a permanent room within the workplace solely for purposes of lactation or nursing at all times. It should be a private room with: (A) a door that can be locked from the inside, (B) at least one electrical outlet, (C) a washable, comfortable chair, (D) a surface on which to place a pump or personal belongings such as a table or shelf, (E) adequate lighting, (F) the ability to add a partition to the room to accommodate multiple Employees simultaneously, (G) a refrigerator for storage of breast milk, (H) a sink with running water, (I) a hospital-grade electric breast pump or pumps, (J) a full length mirror, (K) a microwave, (L) lockers or a place to store belongings, and (M) the hygiene standards of the room shall be on par with a location suitable for the preparation or storage of food. There should be a permanent sign outside the room or on the door indicating that it is a Lactation Location.
(2) Temporary Lactation Spaces. If, due to space, operational, or financial limitations, the Employer cannot provide a room as a dedicated Lactation Location or a room that is a multipurpose Lactation Location, the Employer should designate a space within a room as a temporary Lactation Location. A temporary Lactation Location could, for example, be created using screening or curtains. The means by which the temporary Lactation Location is created (e.g., the curtain), and the items contained therein (i.e., the chair, table, etc.) should not be modified during the duration of the Employee’s need to express milk. While an Employee expresses milk, the Lactation Location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other Employees designating the area as a Lactation Location for the duration of the Employee’s need to express milk. The Employer should provide notice to Employees of the existence and purpose of the temporary Lactation Location and that it should not be disturbed.
(3) Employers should consider flexible break times, given that an Employee’s need to express milk may change over time.
(b) The Agency, in consultation with the Director of Public Health, or his or her designee, shall create a model Lactation Accommodation policy that conforms to the requirements of Section 31.5, and a model Lactation Accommodation request form. The Agency shall make these materials available on its website.