INFANT FEEDING — EMPLOYEES

How does the Act affect me as a new mother?
From 1 April 2009, employers are required to provide appropriate facilities and breaks for employees who wish to breastfeed (including expressing breast milk), as far as is reasonable and practicable in the circumstances.  The breaks are unpaid unless the employee and employer agree otherwise.  The breastfeeding breaks are to be provided in addition to standard rest and meal breaks, unless the employer and employee agree otherwise.

How long and frequent do breaks have to be?
The length and frequency of breaks is a matter for negotiation between you and your employer.

What are appropriate facilities?
The term “appropriate facilities” is not defined in the Act. However, appropriate facilities are likely to include a separate space with sufficient privacy for mothers to breastfeed or express away from the view of others without disrupting normal business operations. If a mother is expressing she will require access to a fridge or chilly bin to store milk in.

Are there any exemptions?
The Act says that the provision of facilities should be “reasonable and practicable in the circumstances”.  Circumstances need to take into account the employer’s operating environment and available resources.

Is it mandatory for employers to provide breastfeeding breaks and facilities for their employees?
Yes. Those who do not do so could be subject to a penalty from the Employment Relations Authority.

What avenues are available for workers who believe their employers are not providing them with appropriate breaks or breastfeeding facilities?
If you are in this situation you should first take the matter up with your employer. If that proves unsuccessful, you can seek help to resolve the matter from the Department of Labour’s Mediation Service. The service is free and available to all employees.
Workers who are union members can also seek help from their union.