Police Department Policy

OAKLAND_D-19__Departmental_Lactation_Policy_3281209

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER D-19: DEPARTMENTAL LACTATION POLICY Effective Date: 20 OCT 23 Coordinator: Health and Wellness Unit Page 1 of 5 COMMAND INTENT The Oakland Police Department recognizes members’ (sworn a nd professional) rights for lactation accommodation. The pur pose of this policy is to provide guidance to members desiring to express breast milk for the memb er’s child, for the en tire duration of the member’s lactation period. A. POLICY AND APPLICABILITY A - 1. Policy in Accordance with Law The Department’s policy is to provide, in compliance with the Fair Labor Standards Act, reasonable break tim e and appropriate facilities to accommodate any member desiring to e xpress breast milk for their nursing infant child (29 U.S.C. § 207 a nd Cal. Labor Code § 1030-1032). A - 2. Applicable Members This policy shall apply to all members te mporary, part-time, full-time, of the Oakland Police Department. A - 3. Lactation Break Time A rest period should be permitted each time the member has the need to express breast milk (29 U.S.C. § 20 7). The Department shall provide a member a reasonable amount of break tim e to a member desiring to express milk. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the member’s regularly scheduled rest or meal periods. While a reasonable effort will be ma de to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time may be unpaid (Cal. Labor Code § 1030). Members desiring to take a lactation br eak should notify a supervisor or if applicable the Oakland Police Communica tion Division to take such a break. Such breaks may be reasonably delayed if there are exigent circumstances (ex. Officer needs help (940 B), crow d management and crowd control 1, active shooter etc.) that seriousl y disrupt department operat ions (Cal. Labor Code § 1032).  All other members should avoid interrupting a member during an authorized lactation break, except to announce an emergency or other urgent circumstance. 1 TB III G Crowd Management and Crowd Control DEPARTMENTAL GENERAL ORDER D-19 Effective Date OAKLAND POLICE DEPARTMENT 20 OCT 23 Page 2 of 5 Once a lactation break has been approved, the break should not be interrupted by Supervisors except for emergenc y or exigent circumstances. B. DOCUMENTATION B - 1. Lactation Accommodation Request Form (LARF) All members shall submit a Lactatio n Accommodation Request Form in accordance with DGO D-19 (Appendix A) a nd submit this form to the City Risk Management. Members submitting this form shall be provided DGO D- 04, DGO D-21, and Administrative Instru ction 404. Once this form is complete the member will be provided a key code to access the lactation rooms. B - 2. Record Keeping Medical Unit shall maintain a record of lactation accommodation requests for a minimum of three years. The Oakland Police Depart ment shall make these records available upon the member’s request. C. Locations and Accommodations for Expressing Breast Milk C - 1. Private Areas The Department shall accommodate members with the use of an appropriate room or other location to express milk in private. Such a room or place should be in close proximity to the member's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public 2. Member occupying such private areas sh all secure the door, provide signage, and/or otherwise make it clear to others that the area is occupied with a need for privacy. Authorized lactation breaks for members assigned to the field may be taken at the nearest appropriate private area. C - 2. Lactation Room Accommodations The department will provide member s with lactation rooms in various locations of the city. The l actation room shall comply with all of the following requirements: 1. Be safe, clean, and free of hazardous material3. 2 29 U.S.C. § 207 and Cal. Labor Code § 1031 3 California Labor Code § 6382 Hazardous DEPARTMENTAL GENERAL ORDER D-19 Effective Date OAKLAND POLICE DEPARTMENT 20 OCT 23 Page 3 of 5 2. Contain a surface to place a br east pump and personal items. 3. Contain a place to sit and a mirror. 4. Have access to electricity or alternat ive devices, including but not limited to extension cords or charging statio ns, needed to operate an electric- powered breast pump. C - 3. Location of Lactation Room Members shall be provided access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the member’s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for stor ing milk (Cal. Labor Code § 1031 (d). C - 4. Lactation Room Locations 4 During the completion of the Lact ation Accommodation Request Form (LARF) the member will be provided a key code to the lact

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