National Breastfeeding Consultative Meeting

Legal framework for promoting and protecting breastfeeding in the workplace

by:

Ms Thulani NtshaniNDOH

22-23 August 2011

STRUCTURE OF PRESENTATION

• 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

Commitment

Space/ proximi

ty

WORKPLACE INTERVENTIONS FOR PREGNANT AND BREASTFEEDING EMPLOYEES

PoliciesWorkplace 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…EducationHealth education in the workplace should be inclusive of pregnancy

and breastfeedingEmployees 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 leaveMonitoringEmployers 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