Today, working mothers face the challenge of balancing their work responsibilities with motherhood. Recognizing the importance of supporting their rights, the Federal Labor Law clearly establishes the obligation of employers to provide adequate space for mothers, during the breastfeeding period, to breastfeed or express and preserve their milk during the workday.
Article 170 section IV of the Federal Labor Law establishes that employers must provide breastfeeding workers with an exclusive space within the workplace so that they may breastfeed or express and conserve their milk during the workday. This provision makes clear the responsibility of employers to guarantee the right of working mothers to breastfeed for a period not to exceed six months.
Although the Federal Labor Law does not provide specific characteristics that a lactation room must have, the Ministry of Labor and Social Welfare issued the “Guide for the Installation and Operation of Lactation Rooms”. This guide provides recommendations to employers on how to establish appropriate spaces. It is suggested that the lactation room should be private, hygienic, comfortable, quiet and accessible, adapted to the number of women of childbearing age in the company, so Employers should ensure that the minimum necessary conditions are met.
However, in case it is not feasible for the employer to have this room, the Federal Labor Law contemplates the possibility of complying with this obligation by reducing the workday by one hour per day for a period of 6 months; being a suitable alternative for employers who have difficulty in implementing breastfeeding spaces. It is important to highlight that the agreement between the Company and the employee must be documented, in which the specific terms and conditions of this reduction of the working day will be stated.
Therefore, employers play a crucial role in guaranteeing the rights of working mothers, since complying with the obligation to provide these spaces will not only benefit working mothers, but will also contribute to and promote the creation of an inclusive and respectful work environment.
As a law firm, we are prepared to provide you with the necessary support to achieve compliance with the employer’s obligations to nursing mothers, in accordance with the Federal Labor Law and the recommendations of the Ministry of Labor and Social Welfare. Our experience and knowledge allow us to help you establish policies and practices that promote an inclusive and respectful work environment in compliance with current legislation.
