Breastfeeding
No provisions on breastfeeding in the workplace could be found within the Labour Code, however the Secretary of Labour can in appropriate cases and by regulations, require any employer to establish a nursery in a workplace for the benefit of the women employees therein.
Breastfeeding breaks are provided under the Expanded Breastfeeding Promotion Act 2009 which is promulgated to support, protect and encourage breastfeeding women workers. The law requires workplaces to implement certain regulations.
All public and private sector workplaces are required to establish a lactation station for nursing mothers. The lactation stations must be adequately provided with these facilities: lavatory for hand-washing, refrigeration/cooling facilities for storing breastmilk, electrical outlets for breast pumps, comfortable seats and a table. The lactation station cannot be located in the toilet. Establishments are required to prevent promotion, marketing or sale of infant formula milk within these lactation stations.
Breastfeeding workers are entitled to breastfeeding breaks referred to as Lactation periods. The breaks include the time it takes to get to and from their workplace to the company’s lactation station. These are considered part of the working hours and thus paid. The Department of Labour and Employment (DOLE) may approve some adjustments, however the lactation period cannot be less than 40 minutes for every 8-hour working period.
Source: §130 of the Labour Code, as amended; §11-12 of the Expanded Breastfeeding Promotion Act of 2009 (Republic Act No. 10028)
