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Human resources training: Is breastfeeding female workers' breastfeeding time cancelled?

发布时间:2019-09-20 18:16:23 点击量: Source: Global Online School Release time: 2019-09-20 18:16:23 Clicks: share it:

[Question] Is it legal for breastfeeding female workers to cancel breastfeeding time?

A female employee of Company A, Zhou, who gave birth to a baby in October last year, is now breastfeeding. She originally had one hour of breastfeeding time per day, but in March this year, the company informed her that to cancel the daily breastfeeding time, ask her and others Attendance is as normal as employees. So the question is coming. Does Zhou want to know if the company can deprive her of breastfeeding time in this way, and is it legal for a breastfeeding female worker to cancel breastfeeding time?

[Answer]

The company's approach is incorrect . Since female workers need to breastfeed and care for newborns for a long time after the birth, the law has special protective provisions for female workers who are breastfeeding infants under 1 year of age. It is clear that during the period of breastfeeding, the employer should arrange for daily 1 hour of lactation. In this case, the company's approach was to blatantly deprive female workers of breastfeeding time, which is a serious violation of law .

For this approach of the company, Zhou can defend his rights in two ways.

Because breastfeeding time belongs to the statutory rest period for lactating female employees, if the company arranges for her to work during the statutory rest period, it is overtime. Zhou can ask the company to pay overtime.

The company's practices have seriously violated the resting rights of lactating female employees, and Zhou can file a complaint with the local labor security supervision department .

Special Regulations on Labor Protection for Female Employees

Article 9 Employers shall not extend the working hours or arrange night work for female employees who are breast-feeding infants under one year of age.

The employer shall arrange for one hour of breastfeeding time for female workers during lactation during working hours; if a female worker has multiple births, an additional hour of breastfeeding time shall be added for each additional baby.

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