(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.

Source Note: The provisions of this §31.1 adopted to be effective August 5, 2001, 26 TexReg 5642; amended to be effective January 8, 2006, 30 TexReg 8883; amended to be effective December 4, 2011, 36 TexReg 8033