Breaks to breastfeed

There is no statutory right to paid breaks to breastfeed or express milk for storage and later use. In a workplace where a union is recognised, a right to paid time off may have been negotiated. Treating a woman negatively because she has asked to breastfeed is likely to be unlawful harassment under the EA 10. It may also be pregnancy discrimination if the request is made while pregnant or on maternity leave (i.e. during the “protected period” – see page 16).

Employees have a right not to be subjected to a detriment for a reason relating to having “given birth to a child”, but only where that detrimental act or failure to act takes place while she is on maternity leave (section 47(C) ERA, regulation 19(2) (b), 19(5), MPLR).

Acas says that employers should consider any short break from work reasonably and objectively, taking account of the likely impact it might have on the business. If employers cannot agree extra breaks, say Acas, they could consider slightly extending normal breaks, such as mid-morning coffee, or allowing the employee to leave early to minimise disruption to the business.

The Alliance for Action against Pregnancy Discrimination is calling for a statutory right to time off and facilities for breast feeding at work (see Chapter 8).