3421.13 POSTNATAL ACCOMMODATIONS
The Board of Education recognizes teaching staff members may be returning to work shortly after their child’s birth and may need to express breast milk during the workday.  The Patient Protection and Affordable Care Act (PPACA) amended Section 7 of the Federal Fair Labor Standards Act (FLSA) for nursing mothers to be permitted reasonable break times and a private location to express breast milk for their nursing child for one year after the child’s birth. 
Every employee position in the school district is designated as either “non-exempt” or “exempt” by the provisions of the FLSA.  Generally, a teaching staff member entitled to overtime pay is designated as “non-exempt.”  A teaching staff member that performs duties that are executive, administrative, or professional in nature and not entitled to overtime pay is designated “exempt.” The school district administration shall refer to the comprehensive definitions of “exempt” and “non-exempt” as outlined in 29 C.F.R. 541 et seq. in determining an employee’s designation. 
A Board of Education is required to provide reasonable break times to non-exempt teaching staff members to express breast milk for their nursing child.  The non-exempt teaching staff member shall coordinate such breaks with their immediate supervisor.  The non-exempt teaching staff member will not receive compensation during this break time unless the break time is during a non-exempt teaching staff member’s compensated break time. 
A Board of Education is not required under the FLSA to provide such breaks to exempt teaching staff members.  However, exempt teaching staff members may take such breaks provided the breaks are coordinated with their immediate supervisor.  If this break is taken during the exempt teaching staff member’s duty free lunch period or duty free break period during the workday, the exempt teaching staff member will not be reduced in compensation.
The Principal or the nursing mother’s immediate supervisor, in consultation with the school nurse, will designate a lactation room that is shielded from view and free from intrusion from co-workers and the public.  The location must be functional as a space for expressing breast milk and shall include an electrical outlet, a chair, and nearby access to running water.  If the space is not dedicated to the nursing mother’s use, it must be available when needed.  A space temporarily converted into a lactation room or made available when needed by a nursing mother is sufficient; however, a bathroom, even if private, is not a permissible location under the FLSA.  
All exempt and non-exempt teaching staff members are required to sign-out of work to begin the break to express breast milk and shall sign-in when they return to work after the break.  The break shall be for a reasonable amount of time.  For compensation purposes, the immediate supervisor shall forward all sign-in and sign-out information relative to break times for nursing mothers under the FLSA to the School Business Administrator/Board Secretary. 

Fair Labor Standards Act – 29 U.S.C. 201 et seq.
Patient Protection and Affordable Care Act – P.L. 111-148
N.J.S.A. 26:4C-1 through 26:4C-3

Adopted: July 27, 2021