World Breastfeeding Week (1-7 August) is held in the first week of August every year, and the World Alliance for Breastfeeding Action (WABA) has set the theme for this year as "Enabling breastfeeding: making a difference for working parents”. This week provides an opportune time for employers to assess how they approach family life within their organisations and if the correct policies and practices are in place to support employees in this way.
Starting a family is a monumental stage of someone’s life however, it should not have to drastically interfere with an individual’s long-term career aspirations. A study carried out by That Works for Me state that 85% of women leave the ‘full-time workforce’ within a three-year period from having their first child, and 19% of women leave the workforce altogether as the current working models do not contain the necessary levels of flexibility required to support them upon their return to work. However, with the correct support, managing your career and your family should not be seen as an impossible task.
Current obligations for breastfeeding
Returning to the workplace after maternity leave does not necessarily mean women are no longer breastfeeding and so it is good practice to ensure employees feel comfortable returning to work after maternity leave and being able to have open conversations about the practicalities of breastfeeding in the workplace.
There is no legal right for paid breaks for breastfeeding, nor any legal obligation for employers to provide private spaces to do so. It should be noted that there are health and safety obligations for employers to be aware of such as the requirement to carry out a pregnancy risk assessment for new and expectant mothers and to provide suitable facilities for nursing mothers to rest.
Despite the limited employment-related legal obligations surrounding breastfeeding mothers, we advise and encourage employers to consider the following:
- Allowing new mothers additional breaks to allow breastfeed or express;
- Setting up an allocated private space for women to breastfeed or express; and
- Implementing separate storage facilities e.g. a separate fridge for new mothers to store expressed breastmilk.
This list is non-exhaustive and employers should discuss any specific adjustments with each individual employee.
Flexibility in the workplace
In considering the measures of support that employers could take in respect of their approach to breastfeeding in the workplace, it may be prudent for employers to consider their attitudes towards a family-friendly working model.
As many are already aware, New Zealand Prime Minister Jacinda Ardern made headlines in 2017 for being the first New Zealand Prime Minister to be pregnant whilst in office. After she returned to her role six weeks following the birth of her daughter, and concerns were raised about her ability to balance her PM and parenting responsibilities, Jacinda responded with “we’ll make it work”. Jacinda pointed to flexibility as the secret of a successful balance of family responsibilities and careers stating that “systems should adapt to us, not the other way around”.
Aside from abiding by the legal obligations (statutory family-related leave and pay, flexible working requests etc.), it is good practice for employers to strive further than this to create a working environment that supports all employees, regardless of caring responsibilities. Again, we encourage employers look beyond the traditional working model and instead implement practices that are tailored to their staff and their individual lives outwith the workplace.
Where possible, employers should consider the following:
- Enhanced maternity pay: Employees who are pregnant are able to take maternity leave for up to 52 weeks and of those 52 weeks, up to 39 of them are paid. Statutory Maternity pay is paid for 39 weeks total (the first 6 weeks being 90% full pay and the remaining 33 weeks dropping to either £172.48 a week or 90% of your average weekly earnings, whichever is lower). Employers do have the opportunity however to enhance maternity pay – if employers choose to offer this then it may allow women to consider returning to work at a time which suits them when they may have otherwise chosen to either return to work sooner or leave completely (whether due to financial or work-related pressures).
- Enhanced paternity pay: Partners of an individual who is either pregnant , adopting or having a baby through a surrogacy arrangement can be eligible for a total of two weeks’ leave (whether split into two blocks or taken in two singular blocks). Both weeks are paid at either £172.48 or 90% of your average weekly earnings, whichever is lower. Offering more than the statutory paternity leave could potentially allow a mother to return to work while their partner takes up caring responsibilities for the allotted period or simply allow the partner to support the mother whilst she is also on maternity leave (whilst alleviating any financial strains or pressures).
- Enhancing other family-related pay – employers can also look to enhance statutory adoption pay, parental bereavement pay and shared parental pay if they wish. Employers should consider potential risks in enhancing one form of family-related leave but not others.
- Hybrid/flexible working: The pandemic has forced the rise of home working exponentially and almost three years later it is clearly here to stay. Being flexible to where and when employees carry out their work can allow parents to balance the demands of work and parenting in ways that suit them. For some this may mean starting work later to accommodate the school drop off and for others it may allow them to work condensed hours to support childcare arrangements.
- Breastfeeding Friendly Policy: It is good practice to have a policy on any measures and adjustments which can or will be made to assist breastfeeding employees. This can help provide reassurance to new mothers when returning to work, knowing how they will be assisted and supported by their employer.
The dramatic shift in working methods during the pandemic confirmed to many employers that opting for flexibility does not necessarily mean sacrificing business productivity. Being a family-friendly employer is not only attractive to potential new hires but it is also known to boost morale and employee retention. Employers should therefore actively consider their current working practices and approaches to breastfeeding and the wider scope of family-related leave and pay. We encourage employers to create an environment where employees feel they can have open conversations about adapting their working practices and feel supported by their workplace - remembering that flexibility is not a ‘one size fits all’ model.
Our employment team have a vast experience of assisting employers with creating policies in relation to family life and agile working. If you are interested in creating a policy on any of the above, want to discuss how to implement any of these ideas or need some bespoke advice about a specific situation please do not hesitate to get in touch!
