Dear Atty. Joji,
I just got back to work after giving birth. I was told I only have two, 15-minute lactation breaks per day for two years. Am I only entitled to this? Please enlighten me. Thank you!
Shaina
***
Dear Shaina,
Congratulations on your baby!
Section 12 of Republic Act 10028, known as the “Expanded Breastfeeding Act of 2009,” amending RA 7600 or the “Breastfeeding Law” clearly mandates:
“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 may adjust the same: Provided, that such intervals shall not be less than a total of 40 minutes for every eight-hour working period.”
Usually, there is no limitation indicated in the pertinent law regarding the period with which to exercise the privileges you have alongside breastfeeding your child. You can avail of the benefits for as long as you are able to breastfeed your child. The lactation break is particularly limited to 40 minutes per day and no less.
Hence, the imposition of your company in giving you only two 15-minute lactation periods is not in consonance with the law, and the same may be a ground for sanction thereunder.
Hope this helps.
Atty. Joji Alonso