Maternity Protection Act 1994

F25 [ Entitlement to time off from work or reduction of working hours for breastfeeding.

15B

15B. (1) An employee who is breastfeeding shall be entitled, without loss of pay, at the option of her employer to either

( a ) time off from her work for the purpose of breastfeeding in the workplace in accordance with regulations made under this section by the Minister where facilities for breastfeeding are provided in the workplace by her employer, or

( b ) a reduction of her working hours in accordance with regulations made under this section by the Minister for the purpose of breastfeeding otherwise than in the workplace.

(2) An employer shall not be required to provide facilities for breastfeeding in the workplace if the provision of such facilities would give rise to a cost, other than a nominal cost, to the employer.

(3) Without prejudice to the generality of subsection (1) , regulations under this section may make provision in relation to all or any of the following matters:

( a ) the amount of time off and the number and frequency of breastfeeding breaks to which an employee is entitled under paragraph (a) of that subsection;

( b ) the reduction of working hours to which an employee is entitled under paragraph ( b ) of that subsection;

( c ) the terms or conditions relating to time off under paragraph (a) , or to a reduction of working hours under paragraph (b) , of that subsection;

( d ) the notice to be given in advance by an employee to her employer in relation to the proposed exercise by her of her entitlement under this section:

( e ) the evidence to be furnished by such an employee to her employer in relation to the date of confinement.

(4) If an employee who has exercised her entitlement under subsection (1) ceases to breastfeed, she shall, at the earliest practical time, notify her employer in writing that she has so ceased.

(5) In this section breastfeeding means breastfeeding a child or expressing breast milk and feeding it to a child immediately or storing it for the purpose of feeding it to the child at a later time. ]

Annotations:

Amendments:

F25

Inserted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 9, S.I. No. 652 of 2004.

Editorial Notes:

E21

Power pursuant to section exercised (18.10.2004) by Maternity Protection (Protection of Mothers Who Are Breastfeeding) Regulations 2004 (S.I. No. 654 of 2004).