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Back to work  - mums entitlements

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In some workplaces there may be factors which could affect the health and safety of new and expectant mothers.  Working conditions generally considered acceptable may no longer be so for pregnant and breastfeeding women.

The Management of Health and Safety at Work Regulations 1999 (MHSW) include clauses that protect the health and safety of new and expectant mothers.  The mums employer must conduct a general risk assessment, including any specific risks to women of childbearing age who are, or in the future could be, pregnant, have given birth within the last six months, or are breastfeeding.  Additionally, any breach of health and safety legislation in relation to new and expectant mothers is considered automatic sex discrimination, under the Sex Discrimination Act 1975.  There is no length of service qualification and the Act gives protective rights to a broad range of workers, including the self-employed, agency workers, apprentices, and voluntary workers, depending on the nature of their contract.

It is important for mum to inform her employer in writing that she is breastfeeding (ideally before she returns to work).  She or he must then conduct a risk assessment, based on the initial assessment and any medical advice provided by mum from her GP or other health professional.  Any risks identified must be reduced or removed if possible.  This may include temporarily changing her working hours or conditions so that she can continue breastfeeding, or given suitable alternative work if this is available. 

Although not a legal requirement, the Health and Safety Executive (HSE) recommends that it is good practice for employers to provide a private, healthy and safe environment for nursing mothers to express and store breastmilk.  It is not suitable to use toilets for this purpose.  Employers are legally required to provide suitable rest facilities for workers who are pregnant or breastfeeding.  It may be useful for her employer to have a copy of  New and expectant mothers at work: A guide for employers, from the HSE, if he or she does not already.

It is not yet a legal requirement for mums employer to provide her with paid breaks to pump milk – although the law does allow for some protection.  She could point out the benefits for an employer, such as reduced absenteeism.  A study in America showed that one day maternal absences were three times more common in mothers of artificially fed babies than in mothers who breastfed.