25 Tex. Admin. Code § 31.1 - Register of Mother-Friendly Businesses
(a)
Definitions. The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Mother-friendly business--A worksite that
actively promotes and supports breastfeeding by its employees and that
maintains a written worksite lactation support policy that is regularly
communicated to employees.
(2)
Department--Department of State Health Services.
(b) Minimum standards. To be designated
mother-friendly, a worksite must:
(1) adhere
to the definition of a mother-friendly business;
(2) provide work schedule and work pattern
flexibility to, at a minimum, accommodate a reasonable break time for an
employee to express breast milk for her nursing child or breastfeed each time
such employee has need to express the milk or breastfeed for one year or longer
after the child's birth;
(3)
provide employees a private, accessible area, other than a bathroom, that is
shielded from view and free from intrusion from coworkers and the public, for
either expressing breast milk or breastfeeding each time such employee has need
to express breast milk or breastfeed;
(4) provide access to a clean, safe water
source and a sink; and
(5) provide
access to a hygienic place to store expressed breast milk.
(c) Silver and gold standards. The department
may recognize mother-friendly businesses that implement additional best
practice policies and program activities to promote and support breastfeeding
by their employees that exceed the minimum standards in subsection (b) of this
section by silver or gold designation of those worksites.
(1) To be eligible for silver designation, a
worksite must meet the minimum standards in subsection (b) of this section as
well as the following standards:
(A) provide a
break room space with a locking door that is dedicated for use only by
employees who are breastfeeding or expressing breast milk;
(B) provide at least one of the following
items for use in the dedicated break room space:
(i) a hospital-grade multi-user electric
breast pump for which employees provide their own access kits;
(ii) a sink with hot and cold running water
and a supply of soap and paper towels; and
(iii) a refrigerator or personal coolers for
breast milk storage;
(C)
adopt a written policy authorizing employees to select one or more of the
following options to facilitate breastfeeding and/or expression of breast milk:
(i) part-time work or work for some hours at
home;
(ii) individualized
scheduling of work hours (flex time);
(iii) job-sharing;
(iv) compressed work week;
(v) telecommuting;
(vi) payment for time taken for breastfeeding
and/or breast milk expression as work time;
(vii) on-site childcare; or
(viii) care of her baby by the mother at or
near her work station for the first several months after the mother's return to
work from maternity leave;
(D) provide information about the worksite's
written breastfeeding support policy to all employees and supervisors within
six months of employment and at least annually thereafter;
(E) make three or more of the following
resources available to expectant and parenting employees:
(i) a lending library of breastfeeding
pamphlets, books, and/or videos;
(ii) contact information for local lactation
consultants, support group meetings, and/or other community breastfeeding
resources;
(iii) a forum, blog, or
other electronic networking opportunity for mother-to-mother support among
employees;
(iv) classes on
pregnancy and breastfeeding offered at the worksite;
(v) facilities for regular support group
meetings at the worksite;
(vi)
access to an International Board Certified Lactation Consultant or other
lactation expert as an employee benefit;
(vii) coordination of the worksite
breastfeeding support program by a skilled lactation expert hired by the
worksite; or
(viii) breastfeeding
education or other supports offered to employees' partners who are expectant
fathers.
(2)
To be eligible for gold designation, a worksite must meet the minimum standards
in subsection (b) of this section as well as the following standards:
(A) provide a break room space with a locking
door that is dedicated for use only by employees who are breastfeeding or
expressing breast milk;
(B) provide
all of the following items for use in the dedicated break room space:
(i) a hospital-grade multi-user electric
breast pump, or a personal portable electric breast pump for each breastfeeding
employee purchased by the worksite or by the employee with partial support from
the worksite;
(ii) a sink with hot
and cold running water and a supply of soap and paper towels;
(iii) a refrigerator for breast milk
storage;
(iv) a bulletin board;
and
(v) a telephone;
(C) adopt a written policy
authorizing employees to select any or all of the following options to
facilitate breastfeeding and/or expression of breast milk:
(i) at least six weeks of paid maternity
leave;
(ii)
telecommuting;
(iii) on-site
childcare;
(iv) care of her baby by
the mother at or near her work station for the first several months after the
mother's return to work from maternity leave; and
(v) payment for time taken for breastfeeding
and/or breast milk expression as work time;
(D) provide information about the worksite's
written breastfeeding support policy to all employees and supervisors within
six months of employment and at least annually thereafter;
(E) make five or more of the following
resources available to expectant and parenting employees:
(i) a lending library of breastfeeding
pamphlets, books, and/or videos;
(ii) contact information for local lactation
consultants, support group meetings, and/or other community breastfeeding
resources;
(iii) a forum, blog, or
other electronic networking opportunity for mother-to-mother support among
employees;
(iv) classes on
pregnancy and breastfeeding offered at the worksite;
(v) facilities for regular support group
meetings at the worksite;
(vi)
access to an International Board Certified Lactation Consultant or other
lactation expert as an employee benefit;
(vii) coordination of the worksite
breastfeeding support program by a skilled lactation expert hired by the
worksite; or
(viii) breastfeeding
education or other supports offered to employees' partners who are expectant
fathers.
(d) Application for designation as a
mother-friendly business. To apply for designation as a mother-friendly
business, a worksite must:
(1) complete a
mother-friendly application. Applications are available from the
Mother-Friendly Worksite Program, Division of Family and Community Health
Services, Department of State Health Services, Mail Code 1922, P.O. Box 149347,
Austin, Texas 78714-9347 and through the department's website at
http://www.dshs.state.tx.us/wichd/lactate/mother.shtm; and
(2) submit the completed application and
written worksite lactation support policy to the department for review.
Completed applications will be reviewed by department staff for compliance with
designation standards. The review process shall be completed within 45 working
days following receipt of an application. Worksites that meet the applicable
standards for designation will receive a letter from the department and a
certificate suitable for framing and display. Worksites that do not meet the
applicable standards for designation will be notified by letter and will be
offered technical assistance to achieve compliance.
(e) Maintaining designated status. A worksite
designated as mother-friendly must:
(1) be
listed as such by the department. The list of mother-friendly worksites will be
maintained by the department and made available for public
inspection;
(2) keep the department
informed of any changes in the worksite's lactation support policies. If its
lactation support policies change, a worksite must submit an amended
application;
(3) comply with
designation standards at all times. If a worksite does not comply with the
program's designation standards at all times, the department may suspend,
revoke, or change the mother-friendly designation. A worksite may amend its
nonconforming policies and may reapply for the mother-friendly designation.
Employees and clients should direct complaints to the department about the
activities of a worksite designated as mother-friendly; and
(4) agree to be subject to monitoring by the
department for compliance with rules and designation criteria biannually and on
an as-needed basis.
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