Breastfeeding in the workplace – What are an employer’s obligations?

History was made earlier this year when Green's Senator Larissa Walters became the first woman in the world to breastfeed whilst passing a motion in Parliament. This controversial move has proven to be divisive. Some groups applaud this move as a step towards encouraging working mothers to continue their breastfeeding relationship with their babies as they return to work. Others argue that there is a time and place for breastfeeding. Whatever your stance, as an employer or business owner, it is important to know what your legal obligations are with respect to breastfeeding in the workplace

Before we move on to breastfeeding in the workplace, let’s touch on the importance of breastfeeding, which offers the following benefits:

 ✔  It is a complete food containing all the nutritional needs of a baby for the first 6 months of life
 ✔  It increases a baby's resistance to infections such as ear, respiratory and gastrointestinal infections
 ✔  It can enhance mother and baby bonding which can be protective against postnatal depression
 ✔  Reduces the risk of SIDS
 ✔  Increases IQ in the baby
 ✔  It reduces the risk of the breastfeeding mother developing breast and ovarian cancer
 ✔  The benefits of breastfeeding continue for the first few years of a child’s life

These benefits have a dose response relationship. That is, the more breast milk that a baby gets, the more likely they are to benefit. It is important as employers to know the scientific benefits of breastfeeding in order to better understand, empathise and support your breastfeeding working mothers

Under both the Federal and all State legislation it is unlawful to treat a woman less favourably because she is breastfeeding or to treat a person less favourably based on their status as a parent. This means it may be against the law for an employer to refuse to make arrangements to assist an employee to breastfeed at work or accommodate an employee’s breastfeeding needs (including expressing).  At present, there is no legal obligation from the employer to provide paid expressing or nursing breaks. Furthermore, it is also up to the discretion of the employer to allow the baby to be nursed at the workplace

Ultimately, an employer risks discriminating a nursing employee and thereby breaking the law if they refuse to make arrangements to assist them in breastfeeding or expressing at work. Ways an employer can assist an employee to breastfeed or express at work include:

 ✔  Discuss breastfeeding requirements with the employee
 ✔  Offer the employee a private room with a comfortable chair to express or nurse
 ✔  Provide access to a fridge for storage of expressed breast milk
 ✔  Have a breastfeeding policy in place in your workplace (at ISOsafe we can assist you with this)
 ✔  Know any Health and Safety implications of nursing a baby in your workplace
 ✔  Understand that if a nursing mother does not express, this may lead to breast engorgement and even mastitis (a condition that is potentially life threatening if left untreated)

If you would like more information or advice on how to manage your staff, contact ISOSafe today on 1300 789 132

The Australian Breastfeeding Association provides useful information and support for breastfeeding employees. More information can be found at: https://www.breastfeeding.asn.au/workplace