Breastfeeding-friendly workplace legislation
Question
I have recently returned to work after having a baby, and I am
having an issue with my employer. It was my understanding that
there is legislation in place whereby employers have to offer
workers breastfeeding breaks and a private place to breastfeed. My
employer disagrees that he must comply with this legislation,
because the wording in the information he has read states "as far
as it is reasonable and practicable", and because I am the only
employee who is in the position of breastfeeding, he thinks it is
unreasonable to need to take steps to accommodate me. I work in an
office, and there is no area for me to breastfeed privately except
for the women's restroom, which is not appropriate, or the staff
break room, which is always in use and not private. I am feeling
very disheartened and am unsure what to do now, as my employer is
not willing to enter into discussions about this with me.
Kirsten Ferguson replies:
Under the law, rest breaks and facilities for breastfeeding
should be provided if it is "reasonable and practicable" in the
circumstances to do so. Your employer is obliged to negotiate
arrangements for breastfeeding with you in good faith. Your
employer should consider a range of different factors when deciding
whether it is "reasonable and practicable" in the
circumstances. These factors include, but are not limited to,
type of workplace, the expected impact on the business, the cost,
your needs as a mother, and the number of other female employees.
The facilities do not have to be permanent, so a screened off area
may be a practical option. In some cases it may not be
reasonable or practicable to provide breast feeding breaks or
facilities, for example, if there is a substantial imbalance
between the impact on your employer and your needs, a request for
breaks or facilities may be validly declined. However your
employer needs to give real and genuine consideration to the
options available in the circumstances.
The Department of Labour Guidelines provide that it is important
that employers and employees communicate regularly about
breastfeeding needs. These communications should be conducted in
good faith, i.e. with a view to provide a good outcome for both
parties, if possible. If your employer is refusing to discuss the
situation with you, I recommend that if you are a member of a
union, you contact your union representative who may be able to
assist you. Alternatively, you can contact a Labour Inspector, from
the Department of Labour, or the Department of Labour Mediation
Service. These services are free and confidential. Information on
these services is available on the Department of Labour website
(www.dol.govt.nz). Additionally or alternatively, you could engage
a lawyer to assist you to negotiate a suitable outcome for both
parties. We would be happy to assist you should you require
further information or advice.
All the best,
Kirsten
Associate
RAINEY COLLINS
www.raineycollins.co.nz
Answer by:Kirsten Ferguson
LLB(Hons) BA (Hons)