SCOTTISH EXECUTIVE

Legislation

Effect

EU Council Directive 92/85/EEC

• If an employee's work affects her breastfeeding, employer must temporarily alter her working conditions and/or hours or give alternative work to protect breastfeeding.
• Applies only to women in public sector (health service, local government, civil service, police force etc).

Management of Health and Safety at Work Regulations 1992 and Employment Rights Act, 1996

These regulations are explained in 'New and expectant mothers at work: a guide for employers', Health and Safety Executive, 1994, available from the Stationery Office, £6.25

• As long as employee is breastfeeding, employer has duty to consider whether working conditions are a risk to her health or health of her baby.
• Few direct risks from work except from dangerous substances. But could argue that mother's health and baby's health are at risk if the baby is not breastfed, because of the known health benefits of breastfeeding to both.
• If a risk is identified, employer must do all that is reasonable to reduce risk, including temporarily changing hours or conditions.
• If the risk can't be avoided, employer must offer suitable alternative work with similar terms and conditions.
• If no suitable alternative available, employer must suspend employee on full pay.
• Employee must notify employer in writing that she is breastfeeding if she wishes to make use of this protection.

The Health and Safety Executive guide (see opposite) say,

• 'Although there is no legal requirement to do so, you will want to consider providing a safe and healthy environment for workers who are breastfeeding to express and store milk.' (p6) and
• 'Regulations do not put a time limit on breastfeeding....It is for women themselves to decide for how long they wish to breastfeed.'

Workplace (Health, Safety and Welfare) Regulations 1992

• Employers must provide 'suitable facilities' for breastfeeding employees 'to rest'.
• The Code of Practice to the Regulations says that facilities should be conveniently situated in relation to sanitary facilities and where necessary, should include the facility to lie down.

Sex Discrimination Act 1975

• 'Section 1(b) says that there is indirect discrimination if:

  An employer requires a woman to work particular hours (full time, for example)

  but far fewer women than men are able to work this way

  and the employer can't show this requirement to be justifiable

  and this requirement puts the woman at a disadvantage.'

  (Going Back: A woman's guide to returning to work after maternity leave, Maternity Alliance, 1998.)