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2.10 Expressing Breastmilk in the Workplace

Policy Statement

THE COMPANY supports lactating Team Members and will provide the time, space, and protections required by Georgia law and the federal Fair Labor Standards Act (FLSA), as amended by the PUMP Act. Where federal and state laws differ, THE COMPANY will follow the rule that provides the Team Member with greater protection.

 

Who Is Covered

This policy applies to all Team Members—hourly or salaried, full-time or part-time—who need to express breast milk during the workday.
Coverage applies regardless of gender identity and is not limited to non-exempt employees.

 

Break Time

  • THE COMPANY provides reasonable break time whenever needed to express breast milk.
  • Georgia law requires pumping breaks to be paid at the Team Member’s regular rate.
  • Salaried Team Members’ pay will not be reduced and they will not be required to use paid leave for pumping breaks.
  • Paid rest breaks provided under THE COMPANY’s policies remain paid and may be used for pumping.
  • If a Team Member performs any work during a pumping break (e.g., answering a phone), the entire break is compensable under the FLSA.
  • Federal law requires break time for at least one year following childbirth; because Georgia provides greater protection, THE COMPANY permits pumping for as long as medically needed, including beyond one year.

 

Private Space (Not a Bathroom)

THE COMPANY will provide a private space, other than a bathroom, that is:

  • Shielded from view
  • Free from intrusion
  • Available whenever needed
  • Functional for pumping, including:
    • A chair
    • Access to an electrical outlet
    • A flat surface for a pump

In small-footprint restaurants, the space may be a temporarily converted area (such as a locked office, training room, or storage area) as long as it meets the standards above.

 

Cleanliness & Storage

  • Team Members may store expressed milk in:
    • A personal cooler, or
    • A designated refrigerator (if one exists at the location).
  • Team Members are responsible for labeling and removing their milk daily.
  • Federal law does not require THE COMPANY to provide a refrigerator, but THE COMPANY will provide reasonable access if one is available.

 

Scheduling & Coverage

  • Managers will work with Team Members to coordinate pumping times considering operational needs without unreasonably delaying a Team Member’s ability to pump.
  • Pumping needs vary and may change over time; schedules should remain flexible.
  • If multiple Team Members need pumping breaks, Managers must plan coverage fairly and promptly.

 

No Retaliation / No Discrimination

THE COMPANY strictly prohibits:

  • Retaliation
  • Schedule reductions
  • Denial of hours
  • Discipline
  • Negative treatment
  • Comments or harassment
  • Any adverse action

…because a Team Member requests or takes pumping breaks, asks for accommodations, or reports concerns.

Team Members retain all rights to seek remedies under Georgia law, the FLSA, and the PUMP Act.

 

How to Request or Modify Accommodations

  • Team Members should complete the Lactation Accommodation Request Form as early as possible (ideally before returning from leave).
  • Medical documentation is not required.
  • If pumping needs change (schedule, frequency, location), the Team Member should submit an updated form so accommodations can be adjusted promptly.

 

Undue Hardship

Georgia law provides an undue hardship exemption only to employers with fewer than 50 employees, and only when compliance would cause significant difficulty or expense.

Important notes:

  • This exception is evaluated case by case and narrowly.
  • The exception does not allow THE COMPANY to require pumping in a bathroom.
  • Even if undue hardship is claimed, THE COMPANY will still provide the maximum feasible accommodations.

 

Reporting Concerns

Team Members who believe this policy is not being followed should file a report using the Complaint/Incident Reporting Form. Reports will be:

  • Investigated promptly
  • Handled confidentially to the extent possible
  • Protected from retaliation

 

Manager Checklist

Managers must ensure:

  • A private, non-bathroom space is available and posted with an “occupied / do not disturb” method.
  • The space contains an outlet, chair, and flat surface; is clean; and is free from food prep or storage.
  • Pumping breaks are never denied or unreasonably delayed.
  • Pumping breaks are paid as required by Georgia law.
  • Any time the Team Member works while pumping is fully compensated.
  • All lactation-related information is kept confidential.
  • All requests are treated respectfully and processed promptly.
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