COMPLETED BOARD ORDER�"x��30
Before the Boa] d of Supervisors in and for the
County of Monterey, State of California
Resolution No: 10 089
Adopt Resolution to amend Personnel
Practices Resolution No. 98-394 to ad
Lactation in the Workplace.
Upon motion of Supervisor Parker, s~
members present, effective immediately
Adopted Resolution No. 10-089 to am
394 to add Section B.18 Lactation in the
Policies and PPPR Control No. 10-004
Section B.18
conded by Supervisor Armenta, and carried by those
the Board hereby:
nd Personnel Policies and Practices Resolution No. 98-
Workplace.
PASSED AND ADOPTED this 13th day of April, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Ca cagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of
certify that the foregoing is a true copy of an o
the minutes thereof of Minute Book 75 for the
Dated: April 14, 2010
ipervisors of the County of Monterey, State of California, hereby
iginal order of said Board of Supervisors duly made and entered in
eeting on April 13, 2010.
Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORTX��"x��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: April 13, 2010- Consent
AGENDA NO.:
SUBJECT: Adopt Resolution to amend Personnel Policies and Practices Resolution No. 98-
394 to add Section B. 18 Lactation in the Workplace.
DEPARTMENT: County Administrative Office
RECOMMENDATION
It is recommended that, effective immediately, the Board of Supervisors take the following
actions:
Adopt Resolution to amend Personnel Policies and Practices Resolution No. 98-394 to add
Section B. 18 Lactation in the Workplace.
SUMMARY
Adoption of this policy will allow the County to comply with state laws regarding breastfeeding
and expressing milk for the nourishmenof children.
DISCUSSION
In 1997 the State of California added Se
mother to breastfeed in public. Then, is
Resolution No. 155 resolving That the
California employers to strongly suppoi
to accommodate the needs of employe
adequate facilities for breastfeeding, or
State of California added Labor Code
accommodating lactating employees. Q
Additionally, this policy will establish
County of Monterey employees while
encourages and supports continued lact~
tion 43.3 to the Civil Code to provide for the ability of a
i 1998 the California State Assembly passed Assembly
Legislature encourages the State of California and all
and encourage the practice of breastfeeding by striving
es, and by ensuring that employees are provided with
the expressing of milk for their children". In 2002 the
Sections 1030-1033 to provide further guidelines for
ee complete text in attached policy statement.)
guidelines for promoting breastfeeding behavior among
on parental leave, as well as a work environment that
Lion upon return to work.
For these reasons, it is recommended that the Board adopt this resolution.
OTHER AGENCY INVOLEMENT
Unions have been notified of this policy
FINANCING
This action has no fiscal impact.
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SIGNED BOARD REPORTX��"x��Prepared by:
erta McClay, SPHR,
IPMA-CP
Management Specialist
3/23/2010
cc: Mike Miller, Auditor-Controller
All Department Heads
All Personnel Analysts
Unions
Approved by:
Keith Honda
Assistant County Administrative Officer
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ATTACHMENT A - POLICY�"x��I
Attachment A
Policy Statement
Lactation in the Workplace
It is the policy of the County of Mon rey to strongly support and encourage the practice of
breastfeeding by striving to accommodate the needs of employees, and by ensuring that
employees are provided with adequate acilities for breastfeeding, and/or the expressing of milk
for their children. Further, it is the po icy of the County of Monterey to provide support and
awareness of the importance of breastfe ding to County employees and the community.
The County of Monterey recognizes hat breast milk is the optimal food for growth and
development of infants. The County supports employees and management in the creation of a
positive, accepting attitude toward working women and breastfeeding. Discrimination and/or
harassment of breastfeeding mothers in any form is unacceptable and may subject the offender to
disciplinary action.
Purpose
The purpose of this policy is to compl with state laws regarding breastfeeding and expressing
milk for the nourishment of children. 1997 the State of California added Section 43.3 to the
Civil Code to provide for the ability of a mother to breastfeed in public.
Additionally, this policy will establish guidelines for promoting:
Breastfeeding behavior among County of Monterey employees while on parental
leave
The establishment of a work environment that encourages and supports continued
lactation upon return to ork
Policies and practices in the Monterey County Health Department MCHD) that
generate support and awareness of the importance of breastfeeding to community
wellness that may serve as a model to other communities.
Guidelines
1. Training
a. A Monterey County Breas eedin and Lactation website will be developed and
hosted by the County Wellness Program. Site content will be provided and updated
by the Wellness Program Coordinator in consultation with the Monterey County
Breastfeeding Coordinator.
b. A breastfeeding educational pamphlet will be included in the new employee
orientation packet.
c. A breastfeeding education packet, including a copy of this policy and information
about breastfeeding support after returning to work, shall be provided to employees
prior to their maternity leave. This packet shall also be provided to expectant spouses
prior to taking Family Medical Leave.
d. Information promoting the 3enefits of breastfeeding shall be displayed in County
Department break areas and be featured in the Employee Wellness Program's
newsletter at least once a year.
e. Expectant and breastfeedirg employees and expectant spouses may use their
Wellness release time for pre-approved breastfeeding education and support classes.
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ATTACHMENT A - POLICY�"x��Additional educational resources will be posted on the MCHD Website Wellness
Program page.
f. Wellness Program staff will be available to consult with any employee or supervisor
regarding lactation accommodation issues and may conduct site visits as necessary to
promote a positive, accepting attitude toward working women who are breastfeeding.
2. Scheduling
Employees shall be allowed a flexible schedule for pumping breast milk. The time allowed
may exceed a normal lunch or break period. Any time in excess of a normal lunch or break
period will not be paid as regular work time but with supervisory approval, the employee
may make up her time with either sick leave, annual/vacation leave, or a flexed work
schedule. At the request of an em loyee or a supervisor, Wellness Program staff will be
available to help design a break sch dule.
3. Facilities
Employees shall be provided the use of a clean, comfortable space or Lactation Area." If a
designated Lactation Area is not available, vacant offices or conference rooms are possible
options. A restroom is not acceptable. The Lactation Area should be secure, equipped with
an electrical outlet, be in close roximity to the employee's work area, and contain
comfortable seating with a table or other flat surface to hold a breast pump. Windows should
be covered. Ideally, the Lactation ea should be near a sink with hot water and soap for
hand washing and cleaning of equipment and access to a refrigerator for storage of expressed
breast milk.
Managers, supervisors and employees may contact the Wellness Program if they desire
assistance in lactation accommodate n in their facility. Other resources will be available on
the MCHD website on the Employe Bulletin Board link.
4. Compliance
Department Human Resources will be responsible for designating Lactation Areas. In
remote and/or small facilities, HR will work with the employee and with management to
ensure reasonable accommodations are made.
Managers and supervisors shall respond to any request for lactation accommodation in a
manner consistent with the procedur s outlined in this policy.
5. Atmosphere of Tolerance
Each Monterey County Department shall create an atmosphere of tolerance regarding
lactation in the workplace. Brea feeding shall not be a source of discrimination in
employment or in access to employment. It is prohibited under this policy to harass a
lactating employee or exercise any conduct that creates an intimidating, hostile or offensive
working environment. Any incident of harassment of a lactating employee will be addressed
in accordance with County of M nterey policies and procedures for discrimination and
harassment.
6. Unusual Circumstance
The County recognizes that some remote locations such as a remote Library) may not have
adequate facilities to accommodate lactating employee. In such instances, the Department
Head and Department Human Resources staff will work with the employee to effect a
mutually acceptable solution. This may include a flexible schedule to allow the employee to
return home for such activity, a temporary transfer to a larger facility, or other resolution.
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ATTACHMENT A - POLICY�"x��Background & Legal Authority
Civil Code section 43.3 provides as follows:
Notwithstanding any other provision of law, a mother may breastfeed her child in any
location, public or private, except the private home or residence of another, where the
mother and the child are otherwise authorized to be present."
In 1998 the California State Assembl' passed Assembly Resolution No. 155 resolving the
following:
Resolved by the Assembly of th
the Legislature encourages the
strongly support and encourage 1
the needs of employees, and b;
facilities for breastfeeding, or the
Resolved, That the Legislature
executive order that all State o
facilities for breastfeeding, or th
In 2002 the State of California added L
e State of California, the Senate thereof concurring, That
State of California and all California employers to
he practice of breastfeeding by striving to accommodate
y ensuring that employees are provided with adequate
expressing of milk for their children; and be it further
a
respectfully memorializes the Governor to declare by
California employees shall be provided with adequate
expressing of milk"
qua
or Code Sections 1030-1033 to provide the following:
1030. Every employer, includir
reasonable amount of break time
milk for the employee's infant c
with any break time already pro,
does not run concurrently wit
applicable wage order of the Inds
g the state and any political subdivision, shall provide a
to accommodate an employee desiring to express breast
Wild. The break time shall, if possible, run concurrently
sided to the employee. Break time for an employee that
h the rest time authorized for the employee by the
istrial Welfare Commission shall be unpaid.
1031. The employer shall make reasonable efforts to provide the employee with the use
of a room or other location, other than a toilet stall, in close proximity to the employee's
work area, for the employee t express milk in private. The room or location may
include the place where the mployee normally works if it otherwise meets the
requirements of this section.
1032. An employer is not requ red to provide break time under this chapter if to do so
would seriously disrupt the oper tions of the employer.
1033. a) An employer who violates any provision of this chapter shall be subject to a
civil penalty in the amount of on hundred dollars $100) for each violation.
b) If, upon inspection or investigation, the Labor Commissioner determines that a
violation of this chapter has occurred, the Labor Commissioner may issue a citation. The
procedures for issuing, contestin and enforcing judgments for citations or civil penalties
issued by the Labor Commissioner for violations of this chapter shall be the same as
those set forth in Section 1197.1
c) Notwithstanding any other provision of this code, violations of this chapter shall not
be misdemeanors under this code."
Scientific research indicates that breas feeding and the use of human milk for infant feeding
results in positive outcomes not only for the mother, infant and their family, but for the
workplace, community and environment as well. An infant who is breastfed has a lower risk of
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ATTACHMENT A - POLICY�"x��infectious diseases, Sudden Infant Death Syndrome SIDS), overweight/obesity, Type 1 and 2
diabetes, heart disease, hypertension, asthma, and certain types of cancer. A mother who
breastfeeds has reduced risks of breast and ovarian cancer, Type 2 diabetes, and osteoporosis.
Epidemiologic research shows that human milk and the breastfeeding of infants provide
advantages with regard to general health, growth, and development, while significantly
decreasing risk for a large number of acute and chronic diseases.
The May, 1998 Resolution passed by the California State Assembly cites the following benefits
social economic and environmental ben fits of breastfeeding:
Hundreds of millions of dollars ontinue to be spent by the United States government to
purchase artificial milk for babies. One study indicated that the national Women, Infants,
and Children WIC) nutrition program could save $93 million a month in lower food
package costs alone if all mothers breast fed their infants. According to a report released
in the fall of 1996, compared to formula-fed babies, each breast-fed baby saved $478 in
WIC and other health care costs for the first six months of life. The International Journal
of Gynecology and Obstetrics r ported in 1994 that, in the United States, two to four
billion dollars could be saved in ual health care costs if women breast fed their infants
for as little as 12 weeks.
Employers, employees, and society benefit by supporting a mother's decision to breast
feed and by helping reduce the bstacles of continuing to do so after returning to work.
A study found that infants who were breast fed for a minimum of six months experienced
$1,435 less in health care claims than formula-fed infants, and a study from the
University of California at Los Angeles School of Nursing found that breast-fed babies
have 35 percent fewer illnesses an formula-fed babies, and their nursing moms have a
corresponding 27 percent lower, bsence rate.
Employers clearly benefit by having lower health care costs, less employee absenteeism,
and better morale, and employees are also more likely to return to work earlier from
maternity leave if they do not fo esee complications with being able to continue to breast
feed.
The community benefits from breastfeeding by a healthier population, with fewer
medical interventions for acute childhood illnesses and the associated financial and
quality-of-life costs associated with obesity, diabetes, and other chronic diseases.
Monterey County and the earth benefit from breastfeeding because of the significant
environmental costs associated with the manufacture, distribution and disposal of infant
formula.
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