INFANT FEEDING — EMPLOYERS

What do I need to do?
From 1 April 2009, employers will be required to provide unpaid breaks (in addition to rest and meal breaks) and appropriate facilities for women who wish to breastfeed their babies during a work period.

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

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.

Do facilities have to be unique to each employer?
Where it is reasonable and practicable in the circumstances, employers may wish to cooperate and provide a common facility that all their staff can use. Such an approach could suit where there are a number of employers in close proximity, e.g. in an office building or a shopping centre.

Why was the new law introduced?
Breastfeeding provides the best start for New Zealand infants and is important for both infant and maternal health.
Until now the provision of facilities for women who wish to breastfeed in the workplace has been spasmodic. The lack of facilities (and explicit support for) breastfeeding has acted as disincentive for women to make an early return to the workforce after having children.

How will employers benefit from the new law?
The Act will help employers attract and retain capable staff. Many women who were previously reluctant to return to the workforce after having babies will be more willing to come back if their wish to breastfeed is acknowledged.

Is it mandatory for employers to provide breastfeeding breaks and facilities for their employees?
Yes, so far as it is reasonable and practicable in the circumstances. Employers who do not do so could be subject to a penalty from the Employment Relations Authority.