National Breastfeeding Consultative Meeting
Legal framework for promoting and protecting
breastfeeding in the workplace
by:
Ms Thulani Ntshani
NDOH
22-23 August 2011
STRUCTURE OF PRESENTATION
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Introduction
Available legal framework
Obstacles and challenges
Intervention strategies
Conclusion
INTRODUCTION
• There are set of prescripts Internationally and
Nationally addressing support for pregnant
and breastfeeding women
• Employers in the public and private sector
have a role to play to ensure that needs of
these women are met so that they can be
productive
• The following legal frameworks are applicable:
MATERNITY PROTECTION
• Convention 183 and recommendation 191 of
2000
MATERNITY PROTECTION AS SET BY
ILO
AIMS OF THE MARTENITY PROTECTION
• To safeguard the health of a mother and child.
• To safeguard a woman’s job, guaranteeing her
the possibility to earn an income after child
birth and to thus provide for herself and her
child.
KEY ELEMENTS OF MATERNITY
PROTECTION
• Scope: Who is covered?
• Leave: Period of absence from job
• Benefits: Medical care during pregnancy
namely, confinement and recovery plus
income replacement during leave.
• Health protection: Protection for women and
babies from hazards in the work place.
KEY ELEMENTS OF MATERNITY
PROTECTION CONT..
• Job protection and non discrimination: Holding a
woman’s job or a job at the same level to which
she can return after leave: - forbidding
discrimination on the grounds of maternity.
• Breast feeding breaks: Time provided for
breastfeeding or expressing milk during the work
day.
• Breastfeeding facility: A place where a worker
can feed her baby or express her milk.
CONSTITUTION OF RSA
Bill of rights
• Section 12 (2) Freedom and security of the
person
Everyone has the right to bodily and psychological
integrity, which includes the right
(a) to make decisions concerning reproduction
• Section 27 (1). Health care, food, water and
social security
Everyone has the right to have access to
(a) health care services, including reproductive health
care;
LABOUR RELATIONS ACT 66 OF 1995
Section 187
• (1) (e) Automatically Unfair Dismissal if a
person is dismissed due to pregnancy or
intended pregnancy or any reason related to
her pregnancy
• (1) (f) Automatically Unfair Dismissal if
unfairly discriminated against on grounds of
pregnancy
EMPLOYMENT EQUITY ACT OF 1998
• Section 6 – No person may be discriminated
against or dismissed on account of pregnancy
OCCUPATIONAL HEALTH AND SAFETY
ACT 85 OF 1993 AND MINE HEALTH
AND SAFETY ACT 27 OF 1996
• Employers are required to provide and
maintain a working environment that is safe
and without risk to the health of employees
BASIC CONDITIONS OF EMPLOYMENT
ACT 75 OF 1997
• Section 26
• (1) Prohibits employers from requiring and
permitting pregnant and breastfeeding
employees to perform work that is hazardous
to their health and that of their children
• Employers are required to assess and control
risks to the health of pregnant or
breastfeeding employees and that of their
children or foetus
BASIC CONDITIONS OF EMPLOYMENT
ACT CONT….
• Section 26(2)An employer must offer suitable
or alternative employment to an employee
during pregnancy if her work poses a danger
to her health or safety or that of her child or if
the employee is engaged in night work
(between 18:00 to 06:00) unless it is not
practical to do so
OBSTACLES AND CHALLEGES
• Maternity leave is only available to formally
employed women
• Many workplaces especially small companies
and non formal settings where most women
work, lack child care facilities or feeding
breaks
• Infant food companies targeting employed
women by promoting their products as the
only solution available to working mothers
ESSENTIAL REQUIREMENT FOR
BREASTFEEDING IN THE WORKPLACE
Time
support
Space/
proximity
Commitment
WORKPLACE INTERVENTIONS FOR
PREGNANT AND BREASTFEEDING
EMPLOYEES
Policies
Workplace policies should:
- ensure respect and support to mothers in the
workplace
- encourage employees to inform their employers
about their pregnancy as early as possible
- Require employers to identify and assess risks
and put preventative measures in place to
protect pregnant and breastfeeding employees
WORKPLACE INTERVENTIONS FOR
PREGNANT AND BREASTFEEDING
EMPLOYEES cont…
- encourage employees to attend antenatal and
postnatal clinics
- encourage employees to breastfeed and make
provision of facilities for extraction of milk
and storage
- Recognize and respect cultural differences
and ethnic practices of all employees in terms
of breastfeeding
WORKPLACE INTERVENTIONS FOR
PREGNANT AND BREASTFEEDING
EMPLOYEES cont…
• Call for collective action:
• A minimum 4 months paid maternity leave
• A minimum of 2 half-hour paid
breastfeeding breaks daily
• A clean space or corner for breastfeeding
• A crèche for babies and toddlers
WORKPLACE INTERVENTIONS FOR
PREGNANT AND BREASTFEEDING
EMPLOYEES cont…
Education
Health education in the workplace should be inclusive of
pregnancy and breastfeeding
Employees to be taught about their rights and available
provisions during pregnancy (UIF)
Retention strategy
The retention strategy should include return to work,
accommodation and support for employees who were on
maternity leave
Monitoring
Employers must conduct risk assessment for pregnant and
breastfeeding employees under regular review
CONCLUSION
• The number of women in paid work is continuously
increasing which implies that employers should
support pregnant and breastfeeding to ensure child
survival increased productivity and bottom-line or
enhanced service delivery
• Support for breastfeeding employees will decrease
absenteeism as babies who are breastfed are have
fewer episodes of illnesses
• Will enhance the image of the company as mothers will
be happier because they will be able to balance work
and family responsibilities and also they will be less
likely to resign
THANK YOU
NA NKHENSA