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Employers are required to provide facilities and unpaid breaks for employees who wish to breastfeed their infants during working hours where it is reasonable and practicable.
This is a requirement of the Employment Relations Act 2000. It supports the return to work of valued and productive workers and assists the best start for New Zealand infants.
Obligations
Employers are required to provide appropriate facilities and breaks for employees who wish to breastfeed (including expressing breast milk).
The breaks are unpaid unless the employee and employer agree otherwise.
The breastfeeding breaks are to be provided in addition to the standard paid rest breaks and unpaid meal breaks.
The rest and meal breaks can also be used as breastfeeding breaks if this is agreed to by both employer and employee.
Making arrangements
Employers and employees should discuss what arrangements are needed and can be provided.
This shouldn’t be costly or complicated.
In most cases it will involve no more than simply making available private space when required and providing access to a refrigerator.
It is appreciated that circumstances will differ according to the operational environment and the employer’s resources. All that is required is that arrangements are made that are reasonable and practicable in the circumstances.
Good practice would be to write down the agreements about the facilities the employer will make available and the breaks needed to breastfeed an infant.
Compliance
Employers may be liable to a penalty imposed by the Employment Relations Authority if they do not make reasonable and practicable arrangements for breastfeeding employees who wish to breastfeed during working hours.
The Authority will also have the power to order employers to comply with their obligations.
Further information & guidance
You will find practical guidance about how the requirements of the legislation can be met in the Code of Employment Practice on Infant Feeding
You can find answers to common questions on breaks and breastfeeding by visiting Frequently Asked Questions (FAQ's)
The Breastfeeding in the Workplace – A Guide for Employers also has practical information about how facilities can be provided in a workplace.
If either employers or employees have difficulty discussing and making agreements about this or other employment matters, the problem solving pages on this website may be helpful. The Department of Labour can provide services to assist this process.
The information in the Guide for working parents might assist them to strike a balance between their working and home lives.
If you can’t find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, check the Department of Labour’s FAQ Knowledgebase.
Other useful sites and documents
If you need further assistance you can
Call our Workplace Contact Centre free on 0800 20 90 20 or Send us a query
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Disclaimer
The content of this document covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.
The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, or for any errors or omissions.
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