If you're going back to work while breastfeeding, you might be wondering how to continue.
In Australia, 96 per cent of mothers start breastfeeding, but by the time babies are five months old, exclusive breastfeeding drops to 15 per cent.
Returning to work and barriers in the workplace, such as lack of facilities and time, contribute to low breastfeeding rates.
"Women are increasingly returning to work within the recommended time that babies are fully breastfed," explains Victoria Marshall-Cerins, executive officer at the Australian Breastfeeding Association (ABA).
The national infant feeding guidelines recommend babies be exclusively breastfed for six months, and breastfeeding continue with appropriate complementary foods until 12?months of age and beyond, for as long as the mother and child desire.
All states and territories have legislation that protects a mother's right to combine breastfeeding and paid work. The federal Sex Discrimination Act 1984 also protects this right.
However, the responsibility rests with the employee to negotiate arrangements for their individual breastfeeding needs with their employer.
There are many ways to combine breastfeeding and work, for example expressing milk, breastfeeding during breaks, or working from home on some days.
Knowing your rights can help you feel more confident when to navigate this with your boss and continue to meet your breastfeeding goals.
Why breastfeeding and expressing at work matters
Work-related barriers to maintain breastfeeding include not only maternity leave duration and pay, but also lack of breastfeeding and breast pumping facilities at workplaces, sometimes unsupportive colleagues and managers, and lack of time at work to breastfeed or express breastmilk.
Mothers and babies are missing out on "incredibly protective" health benefits if their breastfeeding needs are not supported in the workplace, says Ms Marshall-Cerins
"We know that breastfeeding protects babies from infection and has protective benefits throughout life.
"What's less known is that breastfeeding for 12 months has really significant health benefits for women."
Mums who breastfeed longer have a reduced risk of breast cancer, ovarian cancer, type 2 diabetes, high blood pressure, heart disease and stroke.
"This is a really pro-health behaviour … and thinking about it from both the baby and the woman's perspective makes a big difference when you think about women returning to work inside that six-month period."
Emily Carrolan, manager of ABA's Breastfeeding Friendly Workplaces program, says breastfeeding-friendly workplaces are not only aligning with the law, but helping women get back into the workforce (in 2022, female workers made up 47.4 per cent of the workforce).
"It also benefits the organisation, including increased performance, positive reputation, and higher retention rates," says Ms Carrolan.
"Workplace flexibility and return-to-work programs are incentives for parents."
She says breastfeeding at work isn't a choice made for convenience, but to maintain milk supply, manage comfort, and to have milk for later feeds.
Your breastfeeding rights at work
The federal Sex Discrimination Act 1984 was amended in 2011 to strengthen the laws protecting the rights of breastfeeding women.
Breastfeeding is now a separate, stand-alone ground of discrimination.
Under both federal and state legislation, it is unlawful to treat a woman less favourably because she is breastfeeding, explains Ms Carrolan.
This means it may be against the law for an employer to refuse to make arrangements that assist an employee breastfeed or express at work.
"Mothers are allowed for a lactation break, and they are allowed to continue breastfeeding while they are at work," says Ms Carrolan.
A lactation break is a period of time during the workday when a mother can breastfeed her baby or express.
While some employers treat lactation breaks as paid working time, she says Australian employers are not legally obliged to do so.
Employers are obligated to take reasonable measures to accommodate the needs of breastfeeding parents, and if they refuse to do so, they must prove what is being requested is "unreasonable".
The word 'unreasonable' is open to interpretation and is based on the individual circumstances and workplace.
But the ABA says it may be discrimination if:
- your employer does not provide you with suitable facilities for breastfeeding or expressing milk
- you are not allowed to organise your work breaks to facilitate breastfeeding or expressing milk
- your employer insists that you work night shifts when other shifts are available that would allow you to continue breastfeeding
- you are told that you must wean your baby before you can return to work.
Breastfeeding employees may face direct and indirect discrimination, and the ABA has a helpful fact sheet outlining what that looks like in the context of breastfeeding.
"We understand working in an office is different to a FIFO worker," Ms Carrolan says, but a combination of flexible arrangements and a supportive environment is key.
Ms Marshall-Cerins says that might include facilities, for example, such as "a room where a woman could express or breastfeed her baby it if works out that her baby can be brought in to her".
Negotiating breastfeeding at work with your boss
"When you're thinking about a woman returning to work [after having a baby] that is a vulnerable position to be in," says Ms Marshall-Cerins.
She says mothers should plan, ideally in pregnancy if possible.
"The sooner you can have a conversation with your employer about what it might look like to come back, the much smoother it will be."
Talking about breastfeeding with your employer might feel uncomfortable, so Ruth McPhail, head of the Department of Employment Relations and Human Resources at Griffith University, suggests putting something in writing first.
"Putting the facts professionally on paper, then having a verbal discussion is a very important first step.
"Make some constructive suggestions around what it is you need, and some solutions around how it will work for everyone.
"You may find your employer is very willing to support you."
The ABA has a free breastfeeding and work plan, which includes information around talking to your manager or HR department about your needs, and thinking about day-to-day organisation for expressing, storing and transporting milk.
The ABA's free hotline will also connect you with counsellors who can give you advice and recommend other relevant resources applicable to your personal circumstances.
