Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Creating a Modern and Progressive Breastfeeding Policy

23 Mar 2023
27 min
Text Link

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a modern and progressive breastfeeding policy is essential for safeguarding the rights of breastfeeding mothers, ensuring the health and safety of both mother and baby, providing a positive workplace environment for those choosing to breastfeed, and aiding the creation of a healthier society. This is why it is so important that employers, healthcare providers, legislators and other stakeholders in the breastfeeding community understand why such policies are so important - as well as taking them seriously.

At Genie AI we understand just how critical having an effective policy in place is for these purposes. Our team has been at the forefront of developing a comprehensive understanding of what constitutes a successful breastfeeding policy: with millions of datapoints teaching our AI what constitutes market-standard guidance – any individual or organisation can draft legal documents without needing to pay expensive lawyer fees.

This data has allowed us to map out key areas where international consensus generally agrees on best practices – while also showing us the areas where there are different views between countries and continents on what should be included in broader policy approaches.

For instance, although many employers may not yet be fully aware of their obligations towards employees who choose to breastfeed; ensuring that such individuals have access to resources like flexible working strategies as well as support networks when they return to work can lead to increased job satisfaction – higher productivity levels – but also just make sure everyone feels properly supported in their daily lives. Meanwhile legislated requirements like allowing breastfeeding breaks during working hours may vary from country-to-country - but ultimately serve the same purpose (and overall provide another significant benefit).

Alongside all this though it’s worth remembering that there’s no one-size fits all approach here; instead, organisations should use our template library and step-by-step guidance (freely available without needing an account) – plus research any relevant local laws - before deciding which elements should go into their own specific policies regarding breastfeeding rights for staff or customers alike.

By doing this you will help protect both current and future generations from potential health risks associated with not having access or support when trying to breastfeed: such as improved immunity; reduced risk of obesity; better cognitive development etc… The long term benefits this could bring society could indeed be considerable if done correctly – creating an lasting social impact far beyond just making sure people are able to meet their short term needs now.

To find out more about how you can develop your own modern & progressive breastfeeding policies today - read on below for our step-by-step guidance & information on how access our template library…

Definitions (feel free to skip)

Scope: The range of people and situations that a policy applies to.
Outcomes: Results or effects that a policy is intended to achieve.
Provisions: Specific measures or components of a policy.
Trends: Popular or common developments in a particular field.
Implement: Put a policy into action.
Resources: People, materials, or information necessary for successful implementation of a policy.
Personnel: People employed to carry out a task.
Accommodations: Adjustments made to meet the needs of an individual.
Communication Plan: A strategy for how to effectively share information.
Feedback Mechanism: A system for collecting information from stakeholders.
Tracking: Following or monitoring the progress of a policy.

Contents

  • Identify the scope of the policy, including who it applies to and when it will be enforced.
  • Establish the desired outcomes of the policy in terms of providing support for breastfeeding.
  • Outline specific provisions related to the workplace, such as the types of accommodations that should be available for breastfeeding employees.
  • Consider how to ensure that the policy is up-to-date with current trends and expectations in breastfeeding policy.
  • Develop a plan for implementing the policy, including:
  • Identifying the resources and personnel needed to ensure successful implementation.
  • Developing a timeline for implementing the policy.
  • Developing a plan for monitoring and evaluating the policy’s impact.
  • Provide education and training to ensure that the policy is properly understood and followed.
  • Develop a feedback mechanism to ensure that the policy is continuously evaluated and revised as needed.
  • Develop a communication plan to ensure that the policy is widely shared and understood, including:
  • Identifying appropriate channels for communication, such as email and intranet.
  • Developing materials to explain the policy’s purpose and provisions.
  • Deciding who should be responsible for communicating the policy to employees.
  • Develop a system for tracking compliance with the policy.
  • Develop a plan for regularly reviewing and updating the policy.

Get started

Identify the scope of the policy, including who it applies to and when it will be enforced.

  • Identify which group or groups the policy applies to (e.g. employees, visitors, etc.)
  • Detail the locations where the policy will be enforced (e.g. workplace, public spaces, etc.)
  • Determine when the policy will go into effect
  • Create a timeline for review and updates of the policy
  • When applicable, note any exceptions to the policy

Once you have identified the scope of the policy, you can move on to the next step of establishing the desired outcomes of the policy.

Establish the desired outcomes of the policy in terms of providing support for breastfeeding.

  • Develop a list of goals that you would like the policy to achieve, such as providing breastfeeding support and promoting a positive attitude towards breastfeeding in the workplace.
  • Ensure that the policy aligns with current standards and guidelines, such as the World Health Organization’s International Code of Marketing of Breast-Milk Substitutes.
  • Consider any additional goals or objectives that you would like to include, such as providing paid lactation breaks or allowing employees to bring their children to work.
  • Draft the desired outcomes in clear and concise language that can be easily understood by all members of the organization.

When you have completed this step, you should have a list of desired outcomes for the policy that are in line with current standards and tailored to the needs of your organization.

Outline specific provisions related to the workplace, such as the types of accommodations that should be available for breastfeeding employees.

  • Identify and examine existing regulations and laws related to breastfeeding in the workplace, such as the Fair Labor Standards Act and state laws.
  • Research best practices for breastfeeding accommodations in the workplace, such as private spaces for breastfeeding or expressing milk, reasonable break times, and storage for pumped milk.
  • Determine the types of reasonable accommodations that should be available to breastfeeding employees, such as private space, flexible scheduling, and reasonable break times.
  • Develop a clear policy outlining the types of accommodations that will be provided, who is eligible for the accommodations, and how to access them.
  • Include language in the policy that covers agreement and compliance with applicable laws and regulations.

When you can check this off your list and move on to the next step:

  • When you have identified and examined existing regulations and laws related to breastfeeding in the workplace.
  • When you have researched best practices for breastfeeding accommodations in the workplace.
  • When you have determined the types of reasonable accommodations that should be available to breastfeeding employees.
  • When you have developed a clear policy outlining the types of accommodations that will be provided, who is eligible for the accommodations, and how to access them.
  • When you have included language in the policy that covers agreement and compliance with applicable laws and regulations.

Consider how to ensure that the policy is up-to-date with current trends and expectations in breastfeeding policy.

  • Research existing breastfeeding policies from other businesses and organizations to understand current trends in the area.
  • Look into national and local laws, regulations, and other guidelines related to breastfeeding policies.
  • Consult with experts in the field and/or organizations that specialize in breastfeeding-related issues.
  • Consider any feedback from employees and/or other stakeholders regarding what they would like to see included in the policy.
  • Once you have a good understanding of the current trends and expectations when it comes to breastfeeding policies, use this information to update your policy accordingly.

Once you have completed the research and updated your policy, you can check this off your list and move on to the next step.

Develop a plan for implementing the policy, including:

  • Outline a timeline for rolling out the policy
  • Identify the personnel responsible for implementing the policy
  • Develop a system for tracking the policy’s adoption and compliance
  • Establish an accountability process to ensure adherence to the policy
  • Create a budget to cover the costs of implementing the policy

When you have completed the steps above, you can move on to the next step in the process of creating a modern and progressive breastfeeding policy.

Identifying the resources and personnel needed to ensure successful implementation.

  • Identify personnel and/or resources necessary for successful implementation of policy, such as:
  • Supportive supervisor
  • Knowledgeable healthcare professional
  • Lactation consultant
  • Breastfeeding support groups
  • Ask members of your organization to volunteer to help implement the policy
  • Research local and online resources to help with implementation
  • Determine what support is needed from leadership
  • Consider budgeting for additional resources if needed
  • When all necessary personnel and resources have been identified, you can move on to the next step.

Developing a timeline for implementing the policy.

  • Create a timeline of when the policy will be implemented, including setting targeted dates for each step in the process
  • Assess the amount of time needed for each step, as well as any potential delays that may affect the timeline
  • Consider the impact of any external factors, such as legislative changes or external deadlines
  • Identify any milestones or checkpoints to monitor progress
  • Document the timeline and milestones in the policy
  • Share the timeline with relevant stakeholders
  • Once the timeline is created and documented, you can check this off your list and move on to the next step.

Developing a plan for monitoring and evaluating the policy’s impact.

  • Decide when and how to measure the policy’s success
  • Identify indicators of success
  • Define key performance indicators to track the policy’s impact
  • Determine the frequency of data collection
  • Consider the resources needed to monitor and evaluate
  • Develop a timeline for monitoring and evaluating the policy’s impact
  • Establish a process for reviewing and adjusting the policy as needed

Once you have established a plan for monitoring and evaluating the policy’s impact, then you can check this off your list and move on to the next step of providing education and training to ensure that the policy is properly understood and followed.

Provide education and training to ensure that the policy is properly understood and followed.

  • Create a training program for all staff members that covers the procedures and goals of the policy
  • Design a method of delivery for the training program that is convenient and comprehensive, such as in-person training, an online course, or a combination of both
  • Ensure that the training program is regularly updated to account for any changes or updates to the policy
  • Offer refresher courses as needed to ensure that staff members remain up-to-date on the policy
  • Provide a system of support for staff members to ask questions and provide feedback
  • Monitor the effectiveness of the policy through feedback from staff members

Once training has been provided and staff members have been made aware of the policy, the step can be checked off the list and the next step can be started.

Develop a feedback mechanism to ensure that the policy is continuously evaluated and revised as needed.

  • Establish a feedback mechanism that allows staff, members of the public and other relevant stakeholders to provide input on the policy.
  • Create a survey or questionnaire to collect feedback on the policy, its implementation, and the results it is achieving.
  • Make sure the feedback mechanism is easy to use and understand.
  • Analyze the feedback to identify areas where the policy can be improved or revised.
  • Develop an action plan to address the feedback.
  • Monitor the progress of the action plan.

Once you have established a feedback mechanism, collected feedback, analyzed the data, developed an action plan, and monitored the progress of the action plan, you can check this off your list and move on to the next step.

Develop a communication plan to ensure that the policy is widely shared and understood, including:

  • Identify who needs to be informed about the policy, such as staff, volunteers, and other stakeholders.
  • Develop a timeline for communicating the policy, including when and how it will be shared.
  • Determine the best methods for communication, such as emails, posters, bulletins, and other means.
  • Create an FAQ sheet to answer any questions that may arise.
  • Plan for follow-up and review to ensure that the policy is understood and followed.

You’ll know you can check this off your list and move on to the next step when you have identified who needs to be informed about the policy, developed a timeline for communicating the policy, determined the best methods for communication, created an FAQ sheet, and planned for follow-up and review.

Identifying appropriate channels for communication, such as email and intranet.

  • Identify the most relevant and appropriate channels for communication, such as email and intranet.
  • Make a list of the channels you want to use and the best way to reach your target audience.
  • Make sure the channels you choose are secure and monitored for compliance.
  • Check if existing channels or tools can be used for communication.
  • Test the channels you’ve chosen to ensure they are working correctly.

When you have identified and tested the appropriate channels, you can move on to the next step.

Developing materials to explain the policy’s purpose and provisions.

  • Brainstorm the key components that should be included in the materials
  • Research the best ways to communicate each component clearly and concisely
  • Draft the materials using language that is easy to understand
  • Get feedback from colleagues, HR, and other relevant stakeholders
  • Make any necessary revisions to the materials
  • Finalize the materials and ensure they are ready to be distributed

You will know you have completed this step when you have finalized the materials and they are ready to be distributed.

Deciding who should be responsible for communicating the policy to employees.

  • Assign an individual or team to be responsible for communicating the policy to employees
  • Identify departments and roles that should be aware of the policy and the assigned individuals responsible for its implementation
  • Determine the best methods for communicating the policy to employees, such as a memo, email, or an in-person meeting
  • Once the policy is communicated, ensure that all employees understand the policy and its implications
  • Track employee acknowledgement of the policy to ensure compliance

When you can check off this step: You can check off this step when all employees have been notified and understand the policy and its implications.

Develop a system for tracking compliance with the policy.

  • Establish a record-keeping system to track which employees have been informed of the policy.
  • Set up a tracking system to provide evidence of compliance with the policy.
  • Keep track of all employee acknowledgements of the policy.
  • Once the tracking system is established, you will know that you have completed this step and can move on to the next one.

Develop a plan for regularly reviewing and updating the policy.

• Assign someone to be responsible for the policy review process. This person should have the authority to make changes to the policy.
• Set a timeline for how often the policy will be reviewed. This could be annually, biennially, or more or less frequently, depending on the needs of the organization.
• Determine the process for reviewing the policy. This could include a survey or focus group of staff and parents, a review of relevant research, or other methods.
• Develop a method for gathering input from stakeholders. This could include surveys, focus groups, or interviews.
• Create a timeline and process for implementing any changes that are recommended.
• When the review process is complete, document the results and any changes that were made.
• How you’ll know when you can check this off your list and move on to the next step: When the policy review process is complete and any changes have been implemented, you can move on to the next step.

FAQ:

Q: Do I need a modern and progressive breastfeeding policy even if I don’t employ any mothers?

Asked by Elizabeth on 14th April 2022.
A: Yes, even if you don’t employ any mothers, you should still consider creating a modern and progressive breastfeeding policy. Having such a policy in place shows that your organisation is proactive in its approach to creating an inclusive workplace, and will demonstrate your commitment to supporting your employees should they become parents in the future. You may also need to consult with local or government legislation and regulations, as well as relevant industry standards, to ensure that you are compliant with any existing requirements.

Q: Is there any legal framework governing breastfeeding policies in the UK?

Asked by Matthew on 1st December 2022.
A: Yes, in the UK, there are specific pieces of legislation which govern breastfeeding policies. The Equality Act 2010 and the Health and Safety at Work Act 1974 both provide legal protection for breastfeeding mothers in the workplace. Employers should be aware of these legislation points when creating and implementing a modern and progressive breastfeeding policy. Additionally, if your organisation has more than 250 employees, you must also publish your gender pay gap data annually - this includes data on maternity pay, which could be affected by the implementation of a breastfeeding policy.

Q: Are there any differences between a UK-specific policy and an EU-wide one?

Asked by Jessica on 15th August 2022.
A: Yes, there are some differences between a UK-specific policy and an EU-wide one when it comes to breastfeeding policies. In the UK, employers must comply with relevant legislation such as the Equality Act 2010 and the Health and Safety at Work Act 1974. In the EU however, there is no single piece of legislation which covers breastfeeding policies; instead, each country has its own set of laws which must be adhered to. Additionally, EU legislation such as the Maternity Leave Directive and Parental Leave Directive provide additional protections for mothers who are breastfeeding in the workplace.

Q: What kind of support should I provide for my employees who are breastfeeding?

Asked by Jacob on 12th June 2022.
A: It is important to provide support for your employees who are breastfeeding - this could include providing access to private rooms where they can express milk safely and comfortably; providing information about their rights as a breastfeeding mother; ensuring that their working schedule is flexible enough to accommodate necessary breaks; and offering access to support groups or counselling services if needed. Additionally, employers should strive to create an environment which is free from discrimination or harassment towards mothers who are breastfeeding - this includes both verbal and non-verbal harassment or victimisation of mothers who are expressing milk at work.

Q: What kind of challenges do technology companies face when creating a modern and progressive breastfeeding policy?

Asked by John on 8th October 2022.
A: Technology companies may face several challenges when creating a modern and progressive breastfeeding policy. Firstly, technology companies may not have access to physical spaces for mothers to express milk safely and comfortably - this means that alternative solutions must be found in order to ensure that mothers have access to private spaces when needed. Secondly, technology companies may need to think carefully about how they can ensure that their working environment is free from discrimination or harassment towards mothers who are expressing milk - this may involve introducing additional training for managers or providing clear guidance on acceptable behaviour towards mothers who are expressing milk at work. Finally, technology companies should also consider the impact of their policies on remote workers - this could involve providing additional support such as virtual counselling sessions or access to online support groups for remote workers who are breastfeeding.

Example dispute

Suing for Discrimination Over Breastfeeding Policy

  • The plaintiff may be able to bring a discrimination lawsuit under Title VII of the Civil Rights Act of 1964, or state law, if the company has a policy that discriminates against breastfeeding mothers.
  • The plaintiff must prove that the company’s policy had a negative effect on the employee’s job performance, or that the policy has a disparate impact on women in the workplace.
  • The plaintiff must also show evidence that the policy was adopted and enforced to discriminate against breastfeeding mothers, or that the policy was adopted in an effort to defend the company from potential liability.
  • The plaintiff may be able to seek an injunction to stop the company from enforcing the policy, and may also be able to seek damages for lost wages or emotional distress.
  • Settlement may be reached through negotiations or mediation, and if damages are awarded, they may be calculated based on the extent of the plaintiff’s losses, such as lost wages and emotional distress.

Templates available (free to use)

Lactation Break Policy
Lactation Break Policy California
Lactation Break Policy Colorado
Lactation Break Policy Florida
Lactation Break Policy Georgia
Lactation Break Policy Illinois
Lactation Break Policy Louisiana
Lactation Break Policy Massachusetts
Lactation Break Policy Minnesota
Lactation Break Policy Missouri
Lactation Break Policy New Jersey
Lactation Break Policy New York
Lactation Break Policy Ohio
Lactation Break Policy Pennsylvania
Lactation Break Policy Tennessee
Lactation Break Policy Texas

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