Returning to Work and Breastfeeding

Rights Regarding Having Babies in the Workplace 

Whilst there is no specific legislation to cover bringing a baby into the workplace many organisations and/or employers are adopting family-friendly policies that support parents which might include designated areas for parents and their babies or flexible policies that accommodate breastfeeding and expressing needs. This is often part of flexible working arrangements negotiated with your employer. 

Flexible Work Arrangements and Family Inclusion

The Fair Work Act 2009 provides several protections that indirectly support parents in the workplace, although it does not specifically address the right to bring babies into the workplace. However, employees who are parents of school aged children or younger can request flexible working arrangements. Employers are required to consider these requests reasonably and can only refuse such a request on ‘reasonable business grounds.’  For more information refer to Factsheet Four Flexible Working Arrangements.

If There is no Work Policy 

Before returning to work, discuss your needs with your supervisor or HR to ensure appropriate accommodations can be put in place.  If your workplace does not have a specific policy for lactation support, you can suggest creating one by sharing the benefits of accommodating breastfeeding for both employee wellbeing and overall workplace morale. 

It is important to try to establish a regular schedule for expressing milk that fits your work routine. Communication about your schedule with your team and manager can assist them to understand your needs. Invest in a good breast pump. Use appropriate storage containers, label your milk and keep it stored safely in the designated area, such as a refrigerator. A separate refrigerator may be provided for this purpose and area to store your breast pump. 

Under health and safety regulations, employers must ensure that the workplace meets health and safety standards. Employers are responsible for ensuring that the space provided for expressing milk is safe, clean, and provides privacy. Toilet stalls, bathrooms or the tearoom are not an appropriate space. 

Discrimination at Work 

Under both Federal and Territory legislation it is unlawful for an employer to discriminate on the basis of breastfeeding in the workplace.

For example, it may be unlawful if:

• Your employer does not provide suitable facilities; 
• Your employer does not allow you breaks; 
• Your employer limits the shifts you are able to work
• Your employer tells you to wean your baby so that you can return to work.

What to Do if You Face Discrimination at Work 

• Keep detailed records if you face obstacles or discrimination related to breastfeeding or flexible working arrangements;
• Discuss your needs with your supervisor or HR to facilitate a supportive work environment;
• Utilise lactation consultants and breastfeeding support groups for guidance on managing work and breastfeeding. For more information see Factsheet Fifteen Workplace Discrimination.
• Get advice about your rights and options.

Conclusion

Understanding your rights regarding breastfeeding, expressing milk, and flexible working arrangements is essential for a smooth transition back to work. You should never feel pressured to choose between your job and providing for your baby. Seek support, advocate for yourself, and utilise available resources to ensure your breastfeeding journey is respected and protected in the workplace.  

Resources for Additional Support 

• National Breastfeeding Helpline: 1800-686-268
• Local Lactation Support Groups or Health Centres