Pregnancy and breastfeeding

The HSE’s Guidance for new and expectant mothers, reminds employers that they are legally required to provide a place for pregnant and breastfeeding mothers to rest, and where necessary, this should include somewhere to lie down.

There is no right to paid time off to breastfeed, but under the Equality Act 2010, it is sex discrimination to treat a woman less favourably because she is breastfeeding. Although an employer is not obliged to provide facilities for expressing and storing milk, the HSE advises that any facilities that are provided should be private, healthy and safe. It cautions: “It is not suitable for new mothers to use toilets for expressing milk”.

Under the Agency Workers Regulations 2010, agency workers have the same rights to use shared facilities provided by the hirer as a permanent member of staff. These could include, for example, a mother and baby room, a staff room or an on-site crèche. Agency workers are also protected against sex discrimination during pregnancy and after childbirth, which includes protection from less favourable treatment because she is breastfeeding.