Dear PAO,

I have a question regarding my sister’s situation. She gave birth three months ago and recently returned to work after her maternity leave. If she uses the lactation station more than once a day, will it affect her paid or compensated working hours? Are there any rules under our laws regarding this?

Lala

Dear Lala,

In recognition of the importance of breastfeeding, Republic Act (RA) 7600, as amended by Republic Act (RA) 10028, also known as the Expanded Breastfeeding Promotion Act of 2009, provides:

“Sec. 2. Declaration of Policy. – The State adopts rooming-in as a national policy to encourage, protect and support the practice of breastfeeding. It shall create an environment where basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding.

“The State shall likewise protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. x x x”

Section 12 of the same law also states:

“Sec. 12. Lactation Periods. – Nursing employees shall be granted break intervals in addition to the regular time-off for meals to breastfeed or express milk. These intervals, which shall include the time it takes an employee to get to and from the workplace lactation station, shall be counted as compensable hours worked. The Department of Labor and Employment (DOLE) may adjust the same: Provided, That such intervals shall not be less than a total of forty (40) minutes for every eight (8)-hour working period.”

According to the foregoing, lactation breaks are considered working hours. Thus, they should not be deducted from the daily wage or compensation. Whether a lactating mother takes a break once or several times a day, it is treated as part of the working time, and employers are legally obligated to recognize it. Employers cannot penalize lactating mothers for taking a break to express milk. They cannot withhold wages for the time spent by lactating mothers to breastfeed or express milk, as it is a fundamental right granted by law to ensure the health and well-being of both the mother and her child.

Thus, your sister is protected by the law to use the lactation station more than once a day in her workplace and during office hours. Hours consumed in the lactation station are counted as compensable hours worked, and such time spent shall not be deducted from her compensable working hours.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]