Should I allow My Employee to Breastfeed at Work?
- kate@thehrhero.co.uk
- Aug 4
- 6 min read
With the upcoming changes in the Governments Employment's Rights Bill, new rules are being introduced that will make it harder for employers to dismiss someone who is pregnant, on maternity leave, or has recently returned from that leave.
Specifically, employers will not be allowed to dismiss an employee during pregnancy or for up to six months after they return from maternity leave—unless there is a valid reason and a proper legal process is followed. What exactly counts as a valid reason hasn't been confirmed yet.
This protection is also expected to extend to other types of family-related leave, such as adoption leave, shared parental leave, and neonatal care leave, although that will be introduced through separate laws.
In short, dismissing an employee during these protected periods is likely to be automatically considered unfair, unless strict rules are followed.
As a responsible and supportive employer, you want to ensure that your workplace is accommodating to all of your employees, including those returning from maternity leave.
One question that we often get asked when a woman returns to work after maternity leave is whether you should allow an employee to breastfeed or pump at work.
Research by York St John University “conducted a surveyed almost 1,000 women in the NHS and found that employees are not well supported to breastfeed upon return to work. Only 36.3% of the participants reported their workplace had a breastfeeding policy. Participants cited breastfeeding as a reason for staying longer on maternity leave because of lack of workplace support”.
With the right policies and understanding, you can ensure that your workplace remains flexible and supportive for new parents while balancing your business needs. Here’s what you need to know.
My employee is returning from maternity leave, what should I do?
When an employee returns from maternity leave, it’s important to offer support and guidance as they transition back into the workplace. Don’t underestimate the need to support a returning parent back to work. Here are some key things to consider:
Welcome Back: Take time to check in with your employee and make sure they feel welcomed and valued. A friendly, supportive return can make all the difference in easing their transition.
Understand their Needs: Discuss any specific needs they may have, such as adjusting their work hours or location to accommodate breastfeeding or pumping breaks. Be open to their preferences and demonstrate a willingness to accommodate.
Review the Work Environment: Ensure that your workplace is physically conducive to their needs, especially if the employee intends to breastfeed or pump. For example, providing a private, comfortable space for breastfeeding or pumping is essential for their well-being.
Supporting a smooth transition back from maternity leave is not only legally required, but helps to foster a loyal and productive employee. Employees on maternity leave are legally entitled to up to ten KIT (Keeping in Touch Days), use these effectively to help your returning employee transition back to work with ease.
My employee is returning to work following maternity leave and wants to change their days and hours, what should I do?
Many employees returning from maternity leave may request changes to their work schedule to better balance their professional and personal responsibilities. It’s important to respond thoughtfully:
Consider Flexibility: Changing work hours or days may be necessary to accommodate breastfeeding or childcare needs. According to an article by HR News, “despite 98% of mum’s wanting to go back to work after having children, only 13% think it’s viable on a full-time basis and of the 24% that tried to go back full time, 79% ended up leaving because they couldn’t maintain their full-time job alongside having a baby”. If the request is reasonable and doesn’t affect the smooth running of your business, consider how you might accommodate this.
Workplace Policies: Review your workplace policies regarding flexible working. Employees have the right to request flexible working arrangements, and it’s crucial to consider these requests seriously.
Discuss Solutions: Engage in a conversation with your employee to understand their specific needs and explore possible solutions. If the requested changes aren’t feasible, be transparent and try to negotiate an alternative arrangement that works for both of you.
With the new UK legislation from 6th April 2024 granting employees the right to request flexible working arrangements from day one, and the requirement for employers to consult with an employee who makes a flexible working request. It's crucial for businesses to be well prepared to handle these requests effectively.
The HR Hero Flexible Working Request Toolkit will provide you with a practical and efficient approach to help your organisation navigate these changes with confidence and ease.
Being flexible with working hours and arrangements can significantly ease your employee’s return to work and can help them better manage their responsibilities at home.
Do I need to let my employee breastfeed or pump at work?
Although it is not a legal requirement to provide somewhere for your people to breastfeed or express milk at work, it is good practice to organise this for them. For example, a private room and a fridge to store the milk.
Right to Breastfeed or Pump: UK statutory employment law does not give a right to paid breastfeeding breaks, or other specific rights around arrangements which might be needed to facilitate breastfeeding (or pumping) during work. However, the Equality Act 2010 Code of Practice states that, “…wherever possible, employers should try to accommodate workers who wish to [breastfeed]”.
Private Space: Employers should provide a private, clean, and safe space for breastfeeding or pumping, which is not a bathroom. This ensures the employee has a comfortable and hygienic environment to express milk.
Breaks: UK Health and Safety guidance states that breastfeeding mothers are entitled to more frequent rest breaks. The employer should talk to the breastfeeding mother so that they can agree on the timing and frequency of such breaks.
Protecting Rights: As an employer, it’s your responsibility to ensure that the workplace is accommodating. Failing to support breastfeeding employees may lead to legal consequences, as well as harm to employee morale and retention.
By complying with these requirements and fostering a supportive environment, you demonstrate that you value your employees' health and well-being.
My employee has returned from maternity leave and keeps taking time off work because their baby is sick, what should I do?
It’s common for new parents to experience additional challenges when returning to work, particularly when their child gets sick.
The Directors of Public and Population Health commissioned the study of 300 parents and carers after independent research over the summer of 2024 that showed how 74% had to take time off work to look after their sick children during the last 12 months.
As an employer, you should offer compassion while ensuring the needs of your business are met:
Understand the Situation: Have a conversation with the employee to understand their situation and to see if any support can be offered. For example, you may be able to provide flexibility in terms of working from home or adjusting their hours to accommodate childcare responsibilities.
Offer Solutions: If the employee is struggling with frequent time off due to child illness, it may be helpful to explore alternative solutions, such as offering additional parental leave or other support programs, where possible.
Maintain Open Communication: Keeping lines of communication open can help ensure that both parties understand the situation and can work together to find the best solutions. Be compassionate but also clear about expectations regarding time off.
It’s important to balance your employee’s needs with the operational requirements of your organisation. Being flexible and understanding can lead to better employee retention and satisfaction.
Conclusion
As an employer, creating a supportive and inclusive environment for employees returning from maternity leave is crucial. By allowing employees to breastfeed or pump at work, offering flexible working arrangements, and providing the necessary accommodations, you not only comply with legal requirements but also create a workplace culture where employees feel valued and respected.
If you're unsure about how to accommodate breastfeeding employees or need guidance on managing staff who are returning to work after maternity leave, The HR Hero is here to help with practical advice and solutions tailored to your business needs.
If you would like FREE weekly top tips about HR, people management and employment law that will support your team and protect your business, sign up to our weekly newsletter:
