Employee Pregnancy and Lactation Support

1. Introduction

East Carolina University (“ECU” or “University”) is committed to equality of opportunity and nondiscrimination in employment practices and educational programs and activities. ECU prohibits unlawful discrimination and harassment based on sex. This Regulation provides the framework for complying with applicable federal and state law or University policy in providing support and accommodation to assist pregnant and parenting employees.

2. Purpose

ECU does not discriminate in its programs or activities against any applicant for employment or employee on the basis of current, potential, or past pregnancy or related conditions. In addition, ECU provides reasonable accommodations to applicants or employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the University an undue hardship.

ECU seeks to provide support and accommodation to assist pregnant and parenting employees and applicants, in accordance with this Regulation. It is also the intent of East Carolina University to be recognized as a family friendly workplace by assisting working mothers with the transition back to work following the birth of a child by providing lactation support. As such, ECU provides the lactation support described below that allows a nursing mother to express breast milk periodically during the workday.

The University prohibits retaliation against an individual who requests an accommodation related to pregnancy or lactation in good faith.

3. Scope of Applicability

This Regulation and its pregnancy-related protections apply to any applicant for employment (while participating in the application process) or employee who becomes pregnant. This Regulation does not require ECU to provide similar resources to members of the general public.

4. Definitions

• 4.1. Applicant – an individual who has expressed interest in being employed by the university by submitting requested application materials for a position of employment with the university
• 4.2. Employee – an individual employed by the University including, but not limited to: faculty members, EHRA non-faculty employees (Exempt Professional Staff and SAAO), SHRA employees, CSS employees, DMSS employees, and student employees (including graduate, professional and doctoral students, and post-doctoral scholars)
• 4.3. Known Limitation: a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions
• 4.4. Pregnancy and Related Conditions: pregnancy, childbirth, termination of pregnancy, or lactation; and/or related medical conditions and the recovery from those conditions
• 4.5. Reasonable Accommodation: Reasonable accommodations may include changes to the work environment, or changes to the way things are usually done at work to assist pregnant employees. Some examples of possible reasonable accommodations for pregnant employees may include changes to address the employee’s ability to sit or drink water; having flexible hours; receiving appropriately sized uniforms and safety apparel; receiving additional break time to use the bathroom, eat, and rest; additional leave time (may be paid or unpaid); and being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
• 4.6. Undue Hardship: an accommodation or action requiring significant difficulty or expense when considered in light of factors such as the University’s size, financial resources, and the nature and structure of its operation; undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

5. Reasonable Accommodations

• 5.1 As provided by the Pregnant Workers Fairness Act (also known as the PWFA), ECU provides reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions. The University will review all requests to provide reasonable accommodations and determine whether the request will cause an undue hardship on the University’s operations.
• 5.2 Requesting Accommodation. A request for a reasonable accommodation may be made by submitting a “Request for Pregnancy and/or Lactation Accommodations”, a form available from the Department for People Operations, Success, and Opportunity (POSO), or by otherwise notifying the University of the employee’s need for accommodation (i.e. informing the employee’s supervisor or other University official). Once the University is made aware of the employee’s request for reasonable accommodations, the University and employee will engage in an interactive process about the known limitations and reasonable accommodation requested. As such, information may be sought by the University to assess the limitations and accommodation needs including, in some cases, medical certification by a treating provider. ECU shall not seek such certification if the limitation or need is obvious or if the University has sufficient information to assess the accommodation need. The information provided by an employee will allow the University to assess the request and impact on the University’s business operations as well as plan and make every reasonable effort to identify an appropriate lactation space for up to one year after the birth of a child.

6. Lactation Support

• 6.1 In addition to pregnancy accommodations, ECU also provides support and accommodations for lactation. Returning to work after birth may be challenging for parenting employees. In accordance with federal and state law, ECU provides space, privacy, and reasonable break time for nursing mothers to express breast milk for up to one year after the birth of a child.
• 6.2 Lactation Support Locations. ECU has designated lactation rooms conveniently located across its campuses. Each room provides the essentials for a pumping mother: comfortable seating, privacy, and convenient electrical outlets. Some rooms offer amenities such as electric breast pumps, sinks, or refrigerators, but tubing to use the breast pump must be provided by the user. To view a list of available rooms across campus, click here.
• 6.3 Department Responsibilities for Employee Lactation
• ECU Departments will provide space, privacy, and reasonable break time for nursing mothers to express breast milk for up to one year after the birth of a child.
  • 6.3.1. Space: At an employee’s request, departments will work with the employee to provide a designated private space that is not in a restroom or other common area for the expression of breast milk for up to one year after the birth of a child.
    • 6.3.1.1. The space should have a door that can be secured or locked, adequate lighting and seating, and electrical outlets for pumping equipment.
    • 6.3.1.2. To the extent practicable, the space should be in the proximity of the employee’s work area and relatively close to a source of running water.
    • 6.3.1.3. Supervisors are encouraged to work with employees to find appropriate locations for expression and can contact a Benefits Counselor for assistance in locating an appropriate space.
  • 6.3.2. Time: Departments may require the employee to use the regularly scheduled paid break time to express breast milk. If time is needed beyond the regularly scheduled paid break times, departments shall make reasonable efforts to allow employees to use paid leave, unpaid time, or make arrangements for a flexible work schedule for this purpose.
• 6.4. Employee Responsibility
  • 6.4.1. Communication with Management: Employees should discuss needs related to lactation support with their supervisor prior to and/or upon return from parental leave. If an employee wishes, the employee may consult with a Benefits Counselor to facilitate this discussion. Employees should coordinate with management a mutually agreeable schedule and keep management informed of any additional needs so that appropriate coverage and accommodations can be made.
  • 6.4.2. Storage: The employee will be responsible for storage of the expressed breast milk. If the expressed breast milk is stored in a University owned refrigerator, all containers must be clearly labeled with name and date.
  • 6.4.3 Maintenance of Lactation Rooms: Employees are expected to maintain any general lactation room in a clean and orderly manner. Employees will also be responsible for their own expressing equipment, supplies, and personal belongings.

7. Resolution and Complaint Procedures

The University provides internal procedures for the resolution of complaints alleging discrimination, harassment, or retaliation under the University’s policy and this Regulation. The process for bringing a complaint against a University employee is described in the Resolving Allegations of Discrimination Regulation.

If an employee believes that a determination regarding eligibility for an accommodation or provision of an accommodation has been reached improperly or unfairly or that the employee believes retaliation has occurred in response to the accommodation request or implementation, the employee may contact Employee Relations in POSO to seek resolution or may file a complaint with the Equal Opportunity and Title IX Unit in POSO by phone at (252) 328-6804, email EOIX@ecu.edu, or online at https://humanresources.ecu.edu/equal-opportunity-and-title-ix-concerns-complaints/.

8. Consequences of Violation of Regulation

Any member of the University community who violates any aspect of this Regulation is subject to corrective or disciplinary action, including, but not limited to, termination of employment.

9. Compliance

Should any portion of the laws, rules, or regulations that guide our policies be stayed or held invalid by a court of law, or should any law, rule, or regulation be modified or withdrawn to add, amend, or invalidate elements of our policies, the elements of our policies impacted will be deemed amended or revoked as of the publication date of the opinion or order and/or the effective date of the law, rule, or regulation.