1. Welcome! Indiana State Personnel Department Human Resources Conference April 30 and May 1, 2008 Brown County Inn - Nashville, Indiana

2. POLICY CHANGES AND UPDATES Lactation Support Family-Medical Leave State Employee Handbook Sally L. Burnell State Personnel Department April 30-May 1, 2008

3. LACTATION SUPPORT? Changes required by July 1, 2008, for nursing mothers who wish to express milk for their infant child during work hours.

4. SEA 219 – Effective July 1, 2008 IC 4-1-2-1 –amends the general statute concerning hours state offices are open to the public –requires breaks for employee needing to express milk for the employee’s infant child. IC 5-10-6-2 –new statute requiring state government to provide breaks & location for employee to express milk for the employee’s infant child.

5. Reasonable Breaks includes time to travel to/from worksite to room should coincide with other breaks/meals on average, 2-3 breaks of 15-20 minutes each during a shift are necessary frequency & duration of breaks may diminish over time –as new mother becomes more accustomed to process –as child begins eating solid food do not use different criteria for allowing these breaks than are used for other breaks

6. Lactation Locations CANNOT be a toilet stall Need not be for the exclusive use of employees expressing milk Must have –private place with chair, table, locking door –cold storage* Should have –electrical outlet, nearby access to running water

7. *Cold Storage EE must remove containers daily EE may provide her own storage Does not have to be a dedicated cold storage unit Does not have to be in the location where milk is expressed If in a unit for general use, must be labeled –OSHA says “not an occupational exposure”

8. Prior to July 1, 2008 To Do List Review your practices on breaks so you can be consistent in establishing criteria related to operational needs for all breaks. Review your facilities for an appropriate location that can be used for this purpose. Draft procedures for employees to identify a need under this law & use of the location provided for this purpose.

9. Resources Indiana Perinatal Network –Tina Cardarelli, IBCLC State Breastfeeding Coordinator –Indiana Perinatal Network1991 E. 56th Street Indianapolis, IN 46220 (317) 924-0825 –tcardarelli@indianaperinatal.orgtcardarelli@indianaperinatal.org Indiana State Department of Health –Marsha Glass RN, IBCLC –Indiana State Department of Health Maternal & Child Health(317) 234-2351 –mglass@isdh.in.govmglass@isdh.in.gov National Business Group on Health: –http://www.businessgrouphealth.org/benefitstopics/et_matern al.cfmhttp://www.businessgrouphealth.org/benefitstopics/et_matern al.cfm

10. QUESTIONS on LACTATION SUPPORT?

11. FMLA AMENDMENT New Reasons Related to Military Service for FMLA Leave

12. FMLA - Amendment Effective January 28, 2008 –Servicemember Caregiver Leave Effective upon rule promulgation by US DOL –Active Duty Leave Encouraged to implement as needed prior to new rules See also Military Family Leave Policy, 7/1/07 –Changes to current FMLA regulations

13. Servicemember Caregiver Leave Provides up to 26 weeks of leave in a 12-month period for an employee –who is spouse, child, parent, or next of kin of a Covered Servicemember, –to care for Covered Servicemember –if that Covered Servicemember is injured / ill due to active duty and identified as such by the military. see www.in.gov/spd/2397.htmwww.in.gov/spd/2397.htm Request Form is accessible through Responsibilities & Procedures document

14. Open Issues No definition of this “12-month period” or how it must be coordinated with our current “fiscal year period” used for other FMLA leaves. No guidance on issues of multiple employees related to one servicemember or one servicemember with covered conditions in more than one 12-month period.

15. Open Issues Definition of “child” not revised –child defined as under 18 or incapable of self-care –military minimum age is 17; unlikely to find anyone “incapable of self-care” on active duty –Common sense is required until definition is revised No guidance on whether treatment must be through armed services or not

16. Active Duty Leave New Reason for FMLA Leave available for spouse, child, or parent of servicemember who is called to Active Duty for a Qualifying Exigency Does not change any eligibility requirements –12 months employment & 1250 hours worked still required –Is not additional time: still 12 week maximum

17. Open Issues Qualifying Exigency not yet defined by US Dept. of Labor –but will likely be non-medical conditions Nexus to the active duty required, but not yet defined –what certification will be required? –who is the appropriate person to complete certification? Coordination with Indiana’s Military Family Leave law

18. Indiana’s Military Family Leave 7/1/2007 IC 22-2-13 requires 10 days of leave related to active duty –available 30 days before, 30 days after, and during active duty if servicemember is on leave from active duty –family members eligible for leave: spouse, parent, grandparent, or sibling of a servicemember –eligibility requirements: 12 months employment & 1500 hours worked

19. Questions? When requests under these new military situations arise, please contact SPD so we can consistently apply these provisions in the absence of specific federal regulations. Alan Ferguson –317/ 234-4839aferguson@spd.in.govaferguson@spd.in.gov Sally Burnell –317/ 233-1437sburnell@spd.in.govsburnell@spd.in.gov

20. QUESTIONS on FMLA AMENDMENT?

21. EMPLOYEE HANDBOOK Showing Employees What Makes State Employment Unique

22. Format Links updated Agency web pages accessible Agency Supplements Will investigate possibility of having an “accept” button linked to ELM Internet Location: www.in.gov/spdwww.in.gov/spd –On-boarding –Standardized policies

23. Content New Provisions –Personal Conduct –Outside Employment –Public Records & Records Retention –Electronic Information Devices / Activities –Offenses only Public EEs can Commit

24. Agency Supplements State’s Employee Handbook as Part One of Agency Handbook Agency Supplement as Part Two –avoids lengthy repetition of universal facts like leave accrual and benefits –avoids misstating those universal facts –focuses on unique local information contacts for information programs / resources special rules, practices and forms

25. QUESTIONS ON ANY POLICY CHANGE? Lactation Support FMLA Amendment Employee Handbook