- Returning to work as a breastfeeding mother: P1 your rights
Many breastfeeding Mums cannot stay with their children until they are weaned off the breast and have to return to work at some point, either full or part time. The law gives some protection to breastfed babies and their mothers until the baby is 12 months of age, so that for instance you cannot necessarily be expected to work night shifts or odd shift patterns if it would interfere with baby's wellbeing, also your employer has a duty to provide you with the time, facilities and some privacy to feed your baby, which means either to feed your baby if they are brought to you, or to allow you to express milk if you wish to do so, and make available a fridge for the safe storage of that expressed milk.
"If, when you return to work after maternity leave, you are still breastfeeding, your employer has a legal obligation under Health and Safety legislation to ensure that your work does not harm you or your baby.
You need to inform your employer in writing that you are breastfeeding and they should then carry out a risk assessment to look at any risks (for example, working with dangerous substances, excessive stress or doing long hours) your job poses to you or your baby. If your job involves such risks it might help to back up your own letter with a letter from your doctor or Health Visitor confirming that your working arrangements are jeopardising your ability to breastfeed and therefore the health of your baby.
Once your employer is aware of the difficulties s/he should take action to remove the hazards or provide you with suitable alternative work (at the same rate of pay) and exempt you from night work. If this is not possible your employer should suspend you on full pay.
Under the Sex Discrimination Act any breach of the Health and Safety legislation in relation to new mothers is automatic sex discrimination. This means you could bring a claim in the Employment Tribunal against your employer although you should take advice before doing so. You may also be entitled to some further protection under Human Rights legislation.
If you want to express milk at work, you will need somewhere private, clean, warm enough and with a chair. European Commission guidelines (2000) recommend that breastfeeding workers should have:
- access to a private room in which to express milk;
- use of secure, clean refrigerators for storing expressed milk and facilities for washing, sterilising and storing receptacles; and
- time off (without loss of pay or benefits, and without fear of penalty) to express milk or breastfeed.The toilets are not suitable. It will probably help if you can identify the facilities that you want to use before you approach your employer."
from http://www.workingfamilies.org.uk/asp/family_zone/fs_pr1_matrights.asp
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