6.800.4. Lactation Program

(1) Purpose: This IRM provides policy and guidance for the Lactation Program. Read and interpret this policy in accordance with applicable federal laws, governmentwide regulations, Treasury Human Capital Issuance System Directives and other sources as appropriate.

(2) Audience: Unless otherwise indicated, the policies, authorities and instructions in this IRM apply to all business units. Bargaining unit (BU) employees should review negotiated memorandum of understanding (MOU) and agreement provisions relating to subjects in this IRM. Should any of these instructions conflict with a provision in the MOU or negotiated agreement, the MOU or agreement prevails.

(3) Policy Owner: The IRS Human Capital Officer.

(4) Program Owner: The Human Capital Office (HCO), Office of Human Resources Operations (OHRO), Human Resources Shared Services (HRSS).

(5) Primary Stakeholders:

1. HCO, Office of Human Resources Strategy (OHRS), Policy and Audits (P&A)

2. Facilities Management and Security Services (FMSS)

(6) Program Goals: This IRM provides Servicewide policy and guidance to all business units to achieve a supportive environment to enable employees to express milk during business hours.

(1) All employees who identify themselves as having a need to express milk are eligible for the Lactation Program, regardless of tenure or part-time, seasonal or full-time work status.

(2) Employees have the right to participate in the Lactation Program without fear of retaliation or adverse action.

(3) An employee is eligible to participate in the Lactation Program for 18 months following the birth of their child. However, an employee’s request to continue in the Lactation Program longer than 18 months after the birth of their child should not be unreasonably denied.

(1) Employees should enroll in the Lactation Program as soon as practical or prior to going on parental leave. The earlier the employee identifies themselves, the sooner the lactation room identification and negotiations may begin, if applicable. See the related negotiated MOU, at https://irssource.web.irs.gov/Linked%20Documents%20Library/NursingMothersMOU.pdf.

(2) To participate, employees must:

1. Submit an OS GetServices ticket; and select "Request Help>Employee Resources>Work-Life Programs>Health Services>Lactation Program>Lactation Program Enrollment,"

2. Call the Employee Resource Center (ERC) (contact information is found on the IRS Source, Lactation Program webpage at https://irssource.web.irs.gov/Lists/WorkLifePrograms/DispItemForm.aspx?ID=41&Source=https%3A%2F%2Firssource%2Eweb%2Eirs%2Egov%2FLists%2FWorkLifePrograms%2FHealthServices%2Easpx&ContentTypeId=0x0100D6E4B883FCDDD74E835F3F78D3DACC49) or

3. Request a designee or their manager to submit an OS GetServices ticket on their behalf.

(3) Participants will receive an email upon enrollment (within three workdays) including:

1. A link to an electronically-recorded information session,

2. The MOU,

3. This IRM,

4. Guidance on how to request hand sanitizer and disinfecting wipes and

5. Hyperlinks to other resources.

(1) To withdraw from the Lactation Program, notify the program office by:

1. Submitting an OS GetServices ticket and selecting "Request Help>Employee Resources>Work-Life Programs>Health Services>Lactation Program>Withdraw from Program" or

2. Calling the ERC (contact information is found on the IRS Source, Lactation Program webpage at https://irssource.web.irs.gov/Lists/WorkLifePrograms/DispItemForm.aspx?ID=41&Source=https%3A%2F%2Firssource%2Eweb%2Eirs%2Egov%2FLists%2FWorkLifePrograms%2FHealthServices%2Easpx&ContentTypeId=0x0100D6E4B883FCDDD74E835F3F78D3DACC49).

(2) Participants may complete an optional exit questionnaire upon withdrawal from the Lactation Program. The questionnaire gives participants the opportunity to provide feedback, suggestions for improvement and any problems or challenges experienced while participating.

1. Participants who do not have access to a computer as part of their job duties will be given access to a computer to complete the online optional exit questionnaire.

2. Participants will be given the opportunity to indicate if they would like NTEU to receive a copy of their optional exit questionnaire. If so, there is a place for the participant to indicate their applicable chapter number, business unit, city/state and post of duty (POD).

3. Upon request, the program office will provide a copy of the completed optional exit questionnaires for program participants to the applicable local NTEU chapter.

(1) Participants are provided a reasonable amount of break time to express milk as frequently as needed. The frequency and duration of breaks may vary among participants. The IRS has determined that a Lactation Program participant’s request for a reasonable amount of break time cannot be denied.

(2) Normally, a participant will be released at the time they request a break. If staffing and workload requirements prevent management from releasing the participant at the requested time, then management must release the participant at the earliest opportunity after the request is made, normally within one hour of the requested time.

(3) If management determines that the request cannot be granted within one hour, management must provide the participant the reason(s) for the denial in writing. For BU employees, denials of a requested lactation break are subject to the provisions in the negotiated MOU, at http://hco.web.irs.gov/Worklife/PDF/MOUNursingmothersJune2014.pdf. Nonbargaining unit (NBU) employees, please refer to IRM 6.771.1, Agency Grievance System - Agency Grievance.

(4) Management must make reasonable efforts to grant requests from participants (including those who telework), to use annual leave, leave without pay (LWOP), previously earned compensatory time off, previously earned credit hours or to extend a tour of duty (TOD), in accordance with IRM 6.800.4.6, Additional Work Schedule Flexibilities for Lactation Breaks, below, to account for lactation breaks taken by participants to express milk.

(5) Lactation breaks are not compensated unless the participant is entitled to a compensated break, in which case the participant can use any compensated break to express milk in the designated location. See IRM 6.610.1, IRS Hours of Duty for more information. For BU employees, breaks are subject to Article 28 of the negotiated agreement.

(6) Within 12 months of the birth of the child, an employee may request to use LWOP, annual leave or if eligible, paid parental leave (PPL) under the Family and Medical Leave Act (FMLA) to express milk.

(7) For information on annual leave, LWOP, FMLA or PPL, see IRM 6.630.1, Absence and Leave and the PPL page on the IRS Source at https://irssource.web.irs.gov/Lists/Timekeeping/DispItemForm.aspx?ID=99. While Lactation Program participants may not use sick leave for lactation breaks, information on sick leave for the birth and care of a child may also be found in IRM 6.630.1, Absence and Leave. BU employees should see Articles 23, 24, 28 and 32-34 of the negotiated agreement.

(1) Management may approve requests for changes to Alternative Work Schedules (AWS) for participants who need time off to express milk during normal working hours.

(2) Participation in the Lactation Program should not affect a participant’s eligibility to remain on their current AWS, whether it is a Flexible Work Schedule (FWS) or a Compressed Work Schedule (CWS) and/or their ability to earn or use credit hours or compensatory time off.

(3) Participants on an FWS (Flexitour with Credit Hours, Maxiflex or Gliding) can accommodate lactation breaks by requesting to:

1. Use previously earned credit hours,

2. Use previously earned compensatory time off (earned in accordance with applicable premium pay law, regulation and policy) or

3. Earn credit hours before or after their TOD for lactation breaks taken on another workday.

(4) Lactation program participants on a CWS (5/4-9 or 4/10) are not eligible to earn or use credit hours. However, participants on a CWS, may use previously earned compensatory time off (earned in accordance with applicable premium pay law, regulation and policy) for lactation breaks.

(5) With prior managerial approval, a participant may request a one-hour unpaid lunch or meal period. The one-hour unpaid lunch or meal period may be used for the participant’s lunch or meal period and/or unpaid lactation breaks. The unpaid lactation breaks do not have to be taken at a specific time during the TOD, even though they are considered part of the participant’s daily lunch or meal period. The timeframe may be split up into one 30-minute unpaid lunch or meal period and one 30-minute lactation break or one 30-minute unpaid lunch or meal period and two 15-minute unpaid lactation breaks to accommodate for the lactation time taken throughout the employee’s TOD. An unpaid lunch or meal period or the additional unpaid breaks comprised of the lunch or meal period, may not be combined with a paid break. For BU employees, denials of a requested lactation break are subject to the provisions in the negotiated MOU, at https://irssource.web.irs.gov/Linked%20Documents%20Library/NursingMothersMOU.pdf. NBU employees please refer to IRM 6.771.1, Agency Grievance System - Agency Grievance.

(6) For more information on breaks, AWS or credit hours, see IRM 6.610.1, IRS Hours of Duty. For information on premium pay and compensatory time off see IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel. BU employees should see Articles 23, 24 and 28 of the negotiated agreement.

(1) The program office will contact the FMSS Division to designate a lactation room in an existing IRS-controlled space as needed in each POD when the first employee in that POD identifies themselves and becomes a participant in the Lactation Program.

(2) The designated lactation room will be a private space shielded from view and free from intrusion from employees and the public. The lactation room will be:

1. A designated room within the POD or

2. Within the POD’s health clinic.

(3) The designated lactation room will be cleaned regularly with the same level of service as other office rooms receive and be equipped with at least the following IRS provided equipment:

1. A table,

2. A comfortable chair,

3. One small refrigerator,

4. One trash can and

5. An electrical outlet.

(4) The designated lactation room will not be a bathroom.

(5) The designated lactation room will be able to lock from the inside.

(6) In each POD with a health clinic, the designated lactation room will be located inside the health clinic. In the event that a participant or NTEU raises a concern that the health clinic room does not contain the required equipment, is inconsistent with this IRM or is inappropriate for use by Lactation Program participants, the participant or NTEU should submit an OS GetServices ticket indicating the issue as a health and safety concern. While the program office investigates the concern, it will designate an alternative location for Lactation Program participants to use.

(7) The lactation room may be used as a conference room when not being used by a participant.

(8) Should the number of Lactation Program participants in a POD rise to a level at which another room is needed to accommodate multiple Lactation Program participants, the program office will contact the FMSS Division to designate an additional lactation room, which complies with this policy and the negotiated MOU, for the time necessary.

(9) In the event there are no Lactation Program participants identified at a POD, the room will return to its original use. As soon as a new participant in that POD has identified themselves; then, the room is designated as a lactation room again.

(1) Participants must follow the scheduling procedures for their POD or health clinic when possible. Lactation program participants will be given priority to reserve the designated lactation room. This priority means the Lactation Program participants can and should schedule their breaks in advance so that another IRS employee, including another Lactation Program participant, cannot change, modify or cancel a participant’s previously scheduled lactation room reservation. Priority does not mean that a Lactation Program participant can turn away another participant who properly scheduled time to use the lactation room if they change their regularly scheduled break time.

(2) A participant may request a change in their regularly scheduled breaks. If the designated conference/lactation room is unavailable, the program office will make reasonable efforts to find an alternative lactation room.

(3) If there are multiple Lactation Program participants in the same POD, they will be able to schedule use of the lactation room on a first come, first serve basis.

(4) In the event there is a concern with enforcement of priority or another issue regarding the scheduling and use of the lactation room, the participant should report the issue to their manager. If the concern is not addressed within one workday, the participant may contact the program office for resolution by submitting an OS GetServices ticket.

(5) Each Lactation Program participant will be given a welcome package, which provides participants with the basic rules to follow for using a designated lactation room, including the priority scheduling for Lactation Program participants. In addition, this information is posted on the IRS Source Health Services - Lactation Program webpage, at https://irssource.web.irs.gov/Lists/WorkLifePrograms/DispItemForm.aspx?ID=41&Source=https%3A%2F%2Firssource%2Eweb%2Eirs%2Egov%2FLists%2FWorkLifePrograms%2FHealthServices%2Easpx&ContentTypeId=0x0100D6E4B883FCDDD74E835F3F78D3DACC49

(6) When a designated lactation room uses a digital scheduling program, it will be used for scheduling. When the lactation room is within the health clinic, participants will schedule time in the lactation room with the health clinic nurse.