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From 1 April 2009, all employers will be required to provide facilities and unpaid breaks for employees who wish to breastfeed their infants during working hours.
These provisions come into force as a result of the Employment Relations
(Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 passed in September 2008.
The Amendment aims to promote and protect the breast feeding of infants by ensuring that suitable rest breaks and facilities are made available to nursing mothers.
It is anticipated that these provisions will make it easier for nursing mothers to return to either part or full time work.
Entitlements
Employers are required to provide 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 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
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
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.
Getting help
The Department of Labour is developing a Code of Practice for employers and this will be available in July 2009.
In the interim, for further information please follow the attached links
Fact Sheet: employers
Fact Sheet: employees
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Further information & guidance
We welcome the opportunity to help you further. 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.
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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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