Breastfeeding and returning to work
Your legal rights explained
The following legislation protects your right to breastfeed when you have returned to work.
Management of Health and Safety at Work Regulations, 1999 and Employment Rights Act 2002
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As long as an employee is breastfeeding, her employer has a duty to consider whether working conditions are a risk to her health or the health of her baby.
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There are few direct risks from work except from dangerous substances. But the mother's health and baby's health are at risk if the baby is not breastfed, because of the known health benefits of breastfeeding to both.
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Your employer may not realise that 'not breastfeeding' is a risk. You can show them the list of benefits and offer to get more information. Your health visitor should be able to help with this or try the Breastfeeding in Scotland website, www.breastfeed.scot.nhs.uk
Protective measures (against the risk) include:
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Access to a private room where women can breastfeed or express breastmilk.
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Use of secure, clean refrigerators for storing expressed breastmilk while at work, facilities for washing, sterilising and storing receptacles.
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Time off (without loss of pay or benefits and without fear of penalty) to express or breastfeed. (Health and Safety Executive 2002).
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It may be helpful to your employer if you tell them about the help you need to reduce the risk, and that you will need to express milk at given intervals and for given lengths of time. Or you could suggest a temporary change to your working hours, which would mean you, could avoid or limit expressing at work.
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If the risk can't be avoided the employer must offer suitable alternative work with similar terms and conditions.
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If you work nights you may need to negotiate a different shift while you are breastfeeding. You can ask your GP for a medical certificate to say that night work could affect your health and safety.
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If no suitable alternative is available the employer must suspend the employee on full pay.
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The employee must inform her employer in writing that she is breastfeeding if she wishes to make use of this protection.
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'Regulations do not put a time limit on breastfeeding…it is for women themselves to decide for how long they wish to breastfeed' (Health and Safety Executive 2002).
The above represents only some of the legislation supporting breastfeeding at work. For more information contact your health visitor or midwife who can advise you on options for returning to work and continuing to breastfeed.
Contact any of the voluntary organisations listed in these pages, they can offer information and support by telephone.
Useful publications include -
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Breastfeeding and Returning to Work, NHS Health Scotland 2004
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Off to a Good Start, NHS Health Scotland 2005
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New and Expectant Mothers at Work: A Guide for Employers, Health and Safety Executive 2002
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Breastfeeding and Returning to Work - A Simple Guide HEBS 2002 (for employers) www.safeandhealthyworking.com