CSU Channel Islands Pregnancy, Breastfeeding and Lactation Guidelines

Request Pregnancy Accommodations

Intent

The intent of this document is to provide guidance for employees and students who are pregnant, expressing breastmilk and/or breastfeeding a child.

Background

Title IX of the Education Amendments Act of 1972 prohibits discrimination on the basis of sex in educational programs or activities, including discrimination based on pregnancy or related conditions. Title VII of the Civil Rights Act of 1964 similarly prohibits discrimination against employees on the basis of pregnancy, childbirth or other related medical conditions in the working environment. In accordance with these and other related laws, individuals who are pregnant or have other pregnancy-related conditions must be treated in the same manner as other employees with similar temporary medical conditions.

Under California Civil Code § 43.3, a mother may breastfeed their child in a location, public or private, where the mother and child are authorized to be present. Further, California Labor Code § 1030 states every employer shall provide reasonable lactation breaks and California Labor Code § 1031 requires employers to make reasonable efforts to provide employees with lactation rooms.

The California State University (CSU) has formalized its responsibilities under state and federal law through the CSU Nondiscrimination Policy.  The CSU Nondiscrimination Policy is a University policy that applies to all CSU campuses, including CSUCI.

Applicability

Students, employees, and guests who are pregnant or breastfeeding.

Procedures

CSU Channel Islands is committed to providing a safe and equitable environment for pregnant or lactating students, employees, and guests. This includes providing students the opportunity to make up any coursework and credit missed due to medical needs. The University also ensures students, employees, and guests have access to lactation rooms and provides reasonable lactation breaks to faculty and staff.

Pregnancy

Pursuant to Title IX, CSUCI is required to treat pregnancy, childbirth and other related conditions in the same manner and using the same policies or practices that would apply for students with other temporary medical conditions. CSUCI offers reasonable accommodations to those students who miss class due to a medical condition; students who miss school because of pregnancy or childbirth are entitled to the same reasonable accommodations. Such accommodations may include:

• Not penalizing a student for any absences the student's treating physician deems medically necessary.
• Returning students to the same academic and extracurricular status as before their medical absence or leave. This may include allowing students to earn back the credit or make up missed work.
• Making reasonable adjustments to a regular educational program such as a larger desk or frequent trips to the restroom.
• Requesting medical documentation to participate in any program only if the program also requires such documentation from students with temporary medical conditions regarding medical accommodations or needs.

Requests for accommodations should be made to the appropriate contact identified below.  Initial contact and discussion with your professor is strongly recommended.

Lactation

The University recognizes that being able to effectively balance responsibilities as both a student or employee and a parent is vital to optimizing performance in the classroom and workplace. CSUCI is committed to supporting students and employees who choose to breastfeed. Students planning to breastfeed or express milk will be afforded reasonable break times without penalty during CSUCI programs and activities, including class. It is encouraged that requests for reasonable accommodations be discussed with professors if those breaks are during class, but students should also feel free to contact Title IX & Inclusion at the number listed below.  As a general matter, a student may also choose to breastfeed during class so long as it has been determined that it is reasonable (i.e., safe and not disruptive) for the student to do so while participating in the course.  Students who breastfeed during class are subject to the same expectations of all other members of the class with respect to preventing disruptions to the learning environment.

Employees must request and arrange appropriate break times with their supervisor. Supervisors will provide reasonable flexibility to accommodate the employee’s request and are encouraged to discuss those accommodations with Human Resources. Supervisors are required to provide reasonable breaks, as long as the work needs can be efficiently and effectively met. There are no set standards for breaks since the needs of a nursing parent may vary depending on the time necessary to express milk including, among other things, the time walking to and from the lactation room, retrieving of and setting up a pump or other supplies, washing and cleaning the pump or other supplies and storing milk. [1]

Supervisors should also provide the location of lactation rooms on campus to the breastfeeding parent. These lactation rooms can be locked and are available for private use as needed. If a private work or study area for an employee or student employee meets the definition of a lactation room (see definition section above) then that area may be used as a lactation room.

Individuals expressing milk are expected to make their own arrangements for refrigeration, which includes but is not limited to the option to utilize refrigerators otherwise designated for employee or student use, or to bring their own refrigeration device to store milk. The University is not responsible for the integrity or security of breast milk stored in any refrigerator on campus and does not guarantee the safety of any storage method used.  Students or employees who desire to leave their personal refrigeration devices on campus on an ongoing basis, in the lactation rooms or otherwise, may do so, but at their own risk.  Employees and students must provide their own containers for storage.

Under the Affordable Care Act, many health plans must cover breastfeeding equipment and supplies without cost-sharing. This requirement includes a breast pump and related accessories.

Lactation Rooms

CSUCI is committed to making education accessible to all of its students. As part of this effort, the campus currently offers four lactation rooms to assist breastfeeding or lactating parents.

These rooms are intended to be comfortable, private spaces on the CSU Channel Islands campus that are dedicated to accommodate the needs of those who are breastfeeding. The rooms provide a secure and sanitary area that may be used for breastfeeding or pumping and are equipped with an electrical outlet, chair, table for breast pump, nearby access to clean running water, but are not placed in toilet stalls or within the immediate confines of a lavatory.

The campus lactation rooms are available for use by employees, students and visitors to campus. Below is a chart that compiles a list of campus buildings with spaces for lactating parents.

Who to Contact

Employees with questions regarding the CSU Channel Islands Pregnancy and Breastfeeding Guidelines or other personnel policies, should contact Angela Portillo in Human Resources at 805-437-8423.

Students with questions regarding access, use of the lactation rooms or requests for accommodations and support may contact Title IX & Inclusion at 805-437-2077.

Pursuant the CSU Nondiscrimination Policy, the University prohibits discrimination, harassment, and retaliation against pregnant or breastfeeding persons, including failure to provide reasonable accommodations for persons with temporary medical conditions. Please contact Title IX & Inclusion with questions or concerns regarding these guidelines via email at titleix@csuci.edu. You will receive a response by the next business day.