GIVE ME A (PUMPING) BREAK!

Lactation Periods. Have you ever heard of it?

On 16 March 2010, GMA signed into law Republic Act No. 10028, otherwise known as the Expanded Breastfeeding Promotion Act of 2009 (EBPA). The EBPA introduced a number of significant changes to Republic Act No. 7600, more popularly known as the Rooming-In and Breastfeeding Act of 1992.  

One of these changes is the right of nursing employees to lactation periods. I am quoting the pertinent provision of the EBPA for easier reference: 

 "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."

In short, lactation periods are breaks given to a nursing employee in order for her to breastfeed or express milk.

What does the EBPA say about Lactation Periods?

1. All establishments are required to grant nursing employees lactation periods. Unlike the establishment of a lactation station where an employer, upon application, may be exempted from complying under certain circumst ances, there is no similar provision on lactation breaks. (Sec. 4, EBPA)
2. Nursing employees are entitled to lactation periods. Under the law, a nursing employee is any female worker, regardless of employment status, who is breastfeeding her infant and/or young child. (Sec. 3(r), EBPA) Employment status is immaterial. 
3. Just to be clear, the definition states “any female worker”. It does not say married. Thus, civil status is immaterial.
4. The 4th child limit does not apply here. So yes, you are entitled to lactation periods even if the baby/young child you're breastfeeding is your 5th child. (Under the SSS Law, maternity benefits shall be paid only for the first 4 delivers or miscarriages.)
5. The inclusion of “young child” in the definition of nursing employee expands the coverage to moms who are breastfeeding older children up to 36 months of age. [Sec. 3(r) in relation to Sec. 3(z), EBPA] This is actually better than the US Patient Protection and Affordable Care Act which grants reasonable break time for mothers who are pumping for babies under one year of age only.
6. The break is in addition to the regular time-off for meals and is counted as compensable hours worked. (Sec. 7, EBPA; Sec. 12 of RA 7600, as amended by the EBPA) That means that there should not be any deduction from your salary for taking lactation breaks.  
7. The break is given to nursing employees for them “to breastfeed or express milk”. Again, this is better than the US PPACA which covers only milk expression and not direct breastfeeding.
8. The time it takes an employee to get to and from the workplace lactation station is included in the break. This is why it’s important that the lactation station is strategically located in your workplace. You don’t want to waste 30 minutes of your 40-minute break just walking to and from the lactation station.
9. The break shall not be less than a total of forty (40) minutes for every eight (8)-hour working period. It could be more! (So contrary to the pic above, you do have to return to work and it's not whenever you want!)
10. For failure to comply, the following are the penalties:

·         First Offense – Fine of not less than PhP50 Thousand but not more than PhP200 Thousand

·         Second Offense – Fine of not less than PhP200 Thousand but not more than PhP1 Million

·         Third Offense – Fine of not less than PhP500 Thousand but not more than PhP1 Million AND the cancellation or revocation of the business permits or licenses to operate. (Sec. 21, EBPA)

                 

Ok, so why did I not mention anything about the Implementing Rules and Regulations (IRR) of the Expanded Breastfeeding Promotion Act?

Because this one deserves another story.  It’s the story of the now-it’s-signed-now-it’s-not IRR.

Source: Reasonable Break Time for Nursing Mothers by Kori Martin