Plain language law

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Employment Relations Act 2000

Breastfeeding facilities and breaks

69Y: Employer's obligation

You could also call this:

“Employers should provide suitable places and time for workers to breastfeed at work if possible.”

If you are breastfeeding and working, your employer must do their best to provide suitable facilities for you to breastfeed at work if you want to. They also need to give you appropriate breaks if you wish to breastfeed during your work time.

Your employer only has to do this if it’s reasonable and practical for them. They can consider things like how their workplace operates and what resources they have available.

If you and your employer agree, your breastfeeding breaks can be paid. If you don’t agree about this, the breaks won’t be paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1940663.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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69X: Interpretation, or

“This explains what certain words mean in the rules about breastfeeding at work.”

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69Z: Breastfeeding breaks additional to breaks under Part 6D, or

“Mums can have extra breaks to feed their babies, on top of their regular work breaks.”

Part 6C Breastfeeding facilities and breaks

69YEmployer's obligation

  1. An employer must ensure that, so far as is reasonable and practicable in the circumstances,—

  2. appropriate facilities are provided in the workplace for an employee who is breastfeeding and who wishes to breastfeed in the workplace; and
    1. appropriate breaks are provided to an employee who is breastfeeding and wishes to breastfeed during a work period.

      1. For the purpose of subsection (1)(b), the breaks are paid only if the employee and employer agree that they are paid.

      2. In subsection (1), circumstances includes—

      3. the employer's operational environment; and
        1. the employer's resources.

          Notes
          • Section 69Y: inserted, on , by section 6 of the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 (2008 No 58).