R 211728Z APR 11

ALCOAST 189/11
COMDTNOTE 12990
SUBJ: WORKPLACE ACCOMMODATIONS FOR CIVILIAN NURSING MOTHERS
A. ALTERNATIVE WORK SCHEDULES (AWS) FOR COAST GUARD CIVILIAN AND
MILITARY MEMBERS, COMDINST 5330.10 (SERIES)
B. PERSONNEL MANUAL, COMDTINST M1000.6 (SERIES)
1. THIS ALCOAST FORWARDS GUIDANCE ON WORKPLACE ACCOMMODATIONS FOR
CIVILIAN EMPLOYEES WHO ARE NURSING MOTHERS.
2. ON 20 DECEMBER 2010, PRESIDENT OBAMA AUTHORIZED THE U.S. OFFICE
OF PERSONNEL MANAGEMENT (OPM) TO PROVIDE GUIDANCE ON WORKPLACE
ACCOMMODATIONS FOR EXECUTIVE BRANCH CIVILIAN EMPLOYEES WHO ARE
NURSING MOTHERS. THIS AUTHORITY SUPPORTS SECTION 4207 OF THE PATIENT
PROTECTION AND AFFORDABLE CARE ACT (THE ACT), PUB. L. 111-148, AND
INCLUDES A NEW SUBSECTION (R) AMENDING SECTION 7 OF THE FAIR LABOR
STANDARDS ACT OF 1938 (FLSA) (CODIFIED AT 29 U.S.C. 207) WHICH
REQUIRES EMPLOYERS TO PROVIDE NURSING MOTHERS WITH:
A. A REASONABLE BREAK TIME TO EXPRESS BREAST MILK FOR HER
NURSING CHILD FOR 1 YEAR AFTER THE CHILDS BIRTH, EACH TIME THE EMPLOYEE NEEDS
TO EXPRESS MILK, AND
B. A PLACE, OTHER THAN A BATHROOM, SHIELDED FROM VIEW AND FREE
FROM INTRUSION FROM COWORKERS AND THE PUBLIC, WHICH MAY BE USED BY
THE EMPLOYEE TO EXPRESS BREAST MILK.
3. ALTHOUGH THE ACT CALLS FOR FEDERAL AGENCIES TO PROVIDE REASONABLE
BREAK TIMES FOR EXECUTIVE BRANCH CIVILIAN EMPLOYEES TO EXPRESS BREAST
MILK, IT DOES NOT REQUIRE AGENCIES TO COMPENSATE NURSING MOTHERS FOR
THESE BREAKS. MANY AGENCIES ALREADY PROVIDE COMPENSATED BREAKS
(E.G., 15 MINUTES IN THE MORNING AND 15 MINUTES IN THE AFTERNOON) FOR
THEIR EMPLOYEES USE. WHEN PROVIDED, EMPLOYEES WHO USE THE BREAK TIME
TO EXPRESS MILK MUST BE COMPENSATED IN THE SAME MANNER AS EMPLOYEES
USING THE BREAK TIME FOR OTHER PURPOSES. WHILE THERE ARE COAST GUARD
UNITS WHERE COMPENSATED BREAKS EXIST, MOST COAST GUARD UNITS DO NOT
AFFORD SUCH BREAKS TO EMPLOYEES. SUPERVISORS SHOULD PERMIT
REASONABLE AMOUNTS OF BREAK TIME FOR NURSING MOTHERS WHO NEED TO
EXPRESS MILK AS FREQUENTLY AS NEEDED, USING THE WORKPLACE
FLEXIBILITIES DESCRIBED IN PARAGRAPH 4. A. AND 4. B.
4. THE FREQUENCY AND DURATION OF EACH BREAK WILL VARY BASED ON THE
NEEDS OF THE MOTHER, AND THE ACT PROMOTES THE USE OF CURRENT
WORKFORCE FLEXIBILITIES TO ACCOMMODATE THOSE NEEDS. THE FOLLOWING
RECOMMENDED WORKFORCE FLEXIBILITIES ARE FOUND IN THE ACT:
A. ALTERNATIVE WORK SCHEDULES (AWS): FLEXIBLE OR COMPRESSED WORK
SCHEDULES MAY BE ESTABLISHED FOR NURSING MOTHERS WHO NEED TIME OFF TO
EXPRESS MILK DURING NORMAL WORKING HOURS. COAST GUARD ORGANIZATIONS
SHOULD REVIEW THEIR LOCAL AWS POLICIES AND PRACTICES AND COLLECTIVE
BARGAINING AGREEMENTS TO DETERMINE HOW ADDITIONAL AWS FLEXIBILITIES
MAY BE IMPLEMENTED FOR NURSING MOTHERS. GUIDANCE ON AWS CAN BE FOUND
IN REF A. (HTTP://WWW.USCG.MIL/CIVILIANHR/OTHER/AWS.ASP).
B. LEAVE AND OTHER PAID TIME OFF: EMPLOYEES WHO ARE NURSING
MOTHERS MAY BE PERMITTED TO USE ANNUAL LEAVE, LEAVE WITHOUT PAY,
COMPENSATORY TIME OFF, OR CREDIT HOURS, TO EXPRESS BREAST MILK, AS
DISCUSSED BELOW:
(1) ANNUAL LEAVE: SUPERVISORS SHOULD BE AS ACCOMMODATING AS
POSSIBLE WHEN REVIEWING THE REQUESTS OF NURSING MOTHERS TO USE ANNUAL
LEAVE TO EXPRESS MILK. REFER TO 5 CFR PART 630, SUBPART C, ANNUAL
LEAVE, LOCAL LEAVE POLICIES, AND APPLICABLE COLLECTIVE BARGAINING
AGREEMENTS.
(2) LEAVE WITHOUT PAY: SUPERVISORS HAVE THE DISCRETION TO
APPROVE THE LEAVE WITHOUT PAY (LWOP) REQUESTS OF NURSING MOTHERS WHO
ASK FOR BREAK TIME TO EXPRESS MILK DURING NORMAL WORKING HOURS. AS
WITH ANNUAL LEAVE, OPM ALSO ENCOURAGES SUPERVISORS TO FAVORABLY
CONSIDER EMPLOYEES REQUESTS TO USE LWOP TO EXPRESS MILK. SUPERVISORS
SHOULD REVIEW LOCAL LWOP POLICIES AND APPLICABLE COLLECTIVE
BARGAINING AGREEMENTS.
(3) COMPENSATORY TIME OFF (COMP TIME): SUPERVISORS MAY APPROVE
EMPLOYEES REQUESTS TO USE COMP TIME EARNED IN EXCHANGE FOR WORKING AN
EQUAL NUMBER OF HOURS PERFORMING IRREGULAR OR OCCASIONAL OVERTIME
WORK. SUPERVISORS MAY ALSO APPROVE THE REQUESTS OF EMPLOYEES, UNDER
A FLEXIBLE WORK SCHEDULE, TO ACCRUE COMP TIME FOR BOTH REGULARLY
SCHEDULED AND IRREGULAR OR OCCASIONAL OVERTIME WORK.
(4) CREDIT HOURS: CREDIT HOURS ARE HOURS EMPLOYEES ELECT TO
WORK, WITHIN A FLEXIBLE WORK SCHEDULE, THAT EXCEED THEIR BASIC WORK
REQUIREMENT (E.G., 80 HOURS IN A PAY PERIOD FOR FULL-TIME EMPLOYEES)
SO THEY CAN VARY THE LENGTH OF THE WORKDAY OR WORKWEEK. NURSING
MOTHERS MAY BE ALLOWED TO USE ACCUMULATED CREDIT HOURS TO FULFILL
BASIC WORK REQUIREMENTS AND USE THE HOURS GAINED AS TIME OFF FROM
WORK TO EXPRESS MILK. THE MAXIMUM AMOUNT OF CREDIT HOURS THAT MAY BE
CARRIED OVER FROM ONE PAY PERIOD TO ANOTHER IS 24 HOURS.
5. THE COAST GUARD HEADQUARTERS FACILITIES ARE AVAILABLE NOW FOR
NURSING MOTHERS IN THE TRANSPOINT (B317) AND JEMAL (09-0925)
BUILDINGS. THESE FACILITIES ARE COMPLIANT WITH THE REQUIREMENTS IN
PARAGRAPH 2 B. COMMANDING OFFICERS MAY ALSO REFER TO THE COAST GUARD
PERSONNEL MANUAL CHAPTER 9.A.4.2 OF REF B FOR AUTHORITY, IF DESIRING
TO CREATE A LACTATION ROOM AT THEIR UNITS.
6. ADDITIONAL INFORMATION FROM OPM REGARDING WORKPLACE
ACCOMMODATIONS FOR NURSING MOTHERS, INCLUDING A FACT SHEET AND
FREQUENTLY ASKED QUESTIONS, CAN BE FOUND AT THE FOLLOWING LINK:
HTTP://TINYURL.COM/4ARKGZL. QUESTIONS REGARDING THESE NEW PROCEDURES
MAY BE DIRECTED TO YOUR SERVICING COMMAND STAFF ADVISOR OR HUMAN
RESOURCES SPECIALIST.
7. CURTIS B. ODOM, DIRECTOR OF PERSONNEL MANAGEMENT, SENDS.
8. INTERNET RELEASE AUTHORIZED.