POLICY DATABASE
Buncombe County, N.C., Ordinance 12-08-23, Art VI, Sec. 32 and App. C (Aug. 21, 2012)
Brief Summary
This section of the City's Personnel Ordinance and the accompanying appendix set forth the city policy regarding break time for nursing mothers who wish to express breastmilk during the first year after a baby is born. It also provides for refrigerated storage of expressed milk. The language expressly states that "these provisions will meet the requirements of the Fair Labor Standards Act as it relates to breaks for nursing mothers.".
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Limited scope. Only applies to county employees.
Food System Category: Get
State: North Carolina
Jurisdiction Type: County
Jurisdiction Name: Buncombe County
Does the law refer to priority populations in some way?
Yes. See references to "newborn" and "women." Art. VI, § 32.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Support for breastfeeding supports public health goals.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. Appendix C. Section 1, is labeled "Purpose" and provides and "As part of our family-friendly policies and benefits, Buncombe County supports breastfeeding mothers by accommodating the mother who wishes to express breast milk during her workday when separated from her newborn. These provisions will meet the requirements of the Fair Labor Standards Act as it relates to breaks for nursing mothers.".
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Art. 1, § 4.
Does the law address implementation in some way?
Yes. The policy indicates that a small refrigerator must be made available to the employee for milk storage; that rules for use of a room and refrigerator storage will be posted in the room; and that employees who work off-site or in other locations will be accommodated with a private area as necessary. The policy indicates that employee who want to breastfeed should work with human resources to identify a room for breast milk expression. See App. C. Per, Article I, section 8, human resources is required to administer these policies. Art. I, § 8.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Written warning, suspension without pay, demotion, and dismissal are available remedies for violation of "known or written work rules." Art. VIII, § 7. Human Resources is also charged with "investigating periodically the operation and effect of this document." Art. I, § 8.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Article VI, Section 32 and Appendix C. are located in the uncodified Personnel Ordinance dated Aug. 7, 2012.