Pursuant to the Affordable Care Act and the Fair Labor Standards Act, Albuquerque Public Schools will provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child’s birth each time such employee has need to express milk. Albuquerque Public Schools will provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public which may be used by an employee to express breast milk.
Federal and state law require the district to provide reasonable break time. The district will compensate employees who choose to express milk during an already provided paid break (i.e. lunch time) but is not required to compensate employees for breaks taken in addition to already provided paid breaks.
For purposes of this section, and in accordance with guidance issued by the Department of Labor, frequency of reasonable breaks may vary. Minimally, the district will allow employees three breaks per contract day which may last fifteen (15) to twenty (20) minutes each. The district encourages employees to use their lunch break (but will not require it) as one of the breaks throughout the day. In accordance with the Department of Labor, the district encourages supervisors to work with employees to provide flexible schedules for employees who choose to make up for any unpaid break time through a mutually agreed upon schedule.
Employees are expected to work with their supervisor to have a common understanding of the individual need of the employee to express breast milk.
The employee and/or the supervisor is encouraged to contact the Equal Opportunity Services office should they need assistance related to reasonable break time for an employee to express breast milk.