20 Nov

#MakingItWork – what adjustments can I expect to be made?

In this #MakingItWork case study, Emma tells us how she went about discussing adjustments to her work pattern with her employer.

“My company weren’t really informed regarding my rights however they were so accommodating about whatever my needs would be that I initially didn’t have to think about what my rights were. I’m now into my sixth month of being back at work full time and still exclusively breastfeeding (baby is 14 months old). My employer makes time for me to pump through the day however the nature of my job requires me to be away from home. This is where I have had to do my own research regarding my rights whilst breastfeeding in full time employment as my company was expecting me to be away quite a few consecutive overnights which I couldn’t accommodate due to breastfeeding.”

It is down to each individual employer to decide what adjustments they will make for breastfeeding mums returning to the workplace, though there is guidance in place from the Health and Safety Executive (HSE) and European Commission, as well as organisations such as ACAS.

The HSE states:

Employers have certain obligations towards their employees once they have been notified in writing that she is a new or expectant mother. When an employee provides written notification (regulation 18 of MHSW) to her employer stating that she is pregnant, or that she has given birth within the past six months or that she is breastfeeding, the employer should immediately take into account any risks identified in their workplace risk assessment. If that risk assessment has identified any risks to the health and safety of a new or expectant mother, or that of her baby, and these risks cannot be avoided by taking any necessary preventive and protective measures under other relevant health and safety legislation, then employers must take action to remove, reduce or control the risk.

If the risk cannot be removed employers must take the following actions:

  • Action 1 – Temporarily adjust her working conditions and/or hours of work; or if that is not possible
  • Action 2 – Offer her suitable alternative work (at the same rate of pay) if available, or if that is not feasible;
  • Action 3 – Suspend her from work on paid leave for as long as necessary, to protect her health and safety, and that of her child.

It can be argued that stopping breastfeeding before the mother and child are ready could present a risk to their health (since breastfeeding has a number of proven health benefits – see here, here and here), so if an employee wishes to continue breastfeeding her child, her employer should take action to adjust her working conditions to allow her to do so.

The employee may also wish to consider requesting flexible working in order to accommodate breastfeeding. More details on how to do so can be found here: https://www.gov.uk/flexible-working

Employers can find more information and guidance on our website, including details of how to join BfN’s Breastfeeding Friendly Scheme. Click here: https://www.breastfeedingnetwork.org.uk/more-information-for-employers/

To read more about Making It Work, BfN’s campaign for breastfeeding mothers returning to work or study, click the image below: