POLICY DATABASE
Policy 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."

Background Information

State North Carolina
Jurisdiction Name Buncombe County
Jurisdiction Type County,
Population Size 200,000-800,000
Legal Strategies
  • Requires something, sets standards
  • Expressly allows something
Reach Limited scope
Only applies to county employees.
Food System Category Get;

Policy Details

Refers to priority populations?
Yes

See references to "newborn" and "women." Art. VI, § 32.

Emergency management?
No
Health-related linkage?
Yes

Support for breastfeeding supports public health goals.

Environmental linkage?
No

Economic linkage?
No

Includes findings?
No

Has a stated intent or purpose?
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."

Includes definitions?
Yes

Art. 1, § 4.

Addresses implementation?
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.

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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.

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