Written answers

Thursday, 17 November 2022

Department of Children, Equality, Disability, Integration and Youth

Employment Rights

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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82. To ask the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to reports that new mothers who are in employment lack suitable times and spaces to breastfeed or express breast milk in their workplaces; the measures that he proposes to address this; and if he will make a statement on the matter. [56882/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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On 20 September, the Government gave its approval for the publication of the Work Life Balance and Miscellaneous Provisions Bill 2022. The primary purpose of the Bill is to provide for transposition of elements of the EU Work Life Balance Directive and to extend the current entitlement to breastfeeding/lactation breaks under the Maternity Protection Acts from six months to two years. The Bill passed Committee Stage in the Dáil on Tuesday 8 November.

The extension of the entitlement to breastfeeding breaks to two years is an important support for mothers returning to the workforce after the birth of their child, and will facilitate the combination of breastfeeding and working in line with the WHO recommendation to continue breastfeeding, in combination with suitably nutritious and safe complementary foods, until children are two years old.

Section 9 of the Maternity Protection (Amendment) Act 2004 provides women in employment who are breastfeeding are entitled to take time off work each day in order to breastfeed. The provision applies to all women in employment who have given birth within the previous 6 months (26 weeks). Employers are not obliged to provide facilities in the workplace to facilitate breastfeeding if the provision of such facilities would give rise to considerable costs.

At the choice of the employer, women may:

- Breastfeed in the workplace or express breast milk, where facilities are provided in the workplace by the employer.

- Have their working hours reduced (without loss of pay) to facilitate breastfeeding where facilities are not made available.

Women who are in employment and are breastfeeding are entitled to take 1 hour (with pay) off work each day as a breastfeeding break for up to 26 weeks after birth. This time may be taken as:

- One 60 minute break

- Two 30 minute breaks

- Three 20 minute breaks

The proposal to extend this entitlement to women who have given birth within the previous two years is in line with commitments in FIRST 5: A Whole-of-Government Strategy for Babies, Young Children and their Families and the National Strategy for Women and Girls. Officials in my Department undertook targeted consultations with employer representative groups and social partners in relation to this proposed extension.

The Minister for Health holds the policy on the broader promotion of breastfeeding from a public health perspective.

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