Breastfeeding and working, discover your rights and how to optimize your pumping at work

March 25, 2024

When you're a breastfeeding mom considering returning to work, it's important to know your rights.

Many women may feel helpless in this situation, as they want to continue breastfeeding their baby while returning to work. But know that this is entirely possible !

Today we're going to focus more on rights than on techniques for balancing the two (you can check out the article dedicated to techniques for continuing to breastfeed while working outside the home ) .

First of all, it's important to know that you have the right to express your milk at work . In France, the law protects breastfeeding mothers by allowing them to have dedicated time and space to express their milk.

The Labor Code recognizes the right of breastfeeding mothers to take breaks to breastfeed their children during working hours. Here are the main legal provisions governing breastfeeding at work:

- Article L1225-30: This text stipulates that employees who breastfeed their child are entitled to one hour of breastfeeding break per day, divided into two 30-minute periods. This provision applies until the child reaches the age of 1 year.

In other words, breastfeeding mothers are legally entitled to this break so they can continue to optimally feed their child while continuing to work. This protects the well-being of both mother and child while also guaranteeing the rights of breastfeeding employees.

- Article L1225-31: It provides that the employee may be authorized to recover working hours lost during breastfeeding breaks, without loss of pay.

This means that if an employee has to take time off work to breastfeed her child, she will be able to make up for those hours later without losing pay . In other words, the employee will not have their pay reduced even if they have to take time off to breastfeed their child. This provision is intended to protect the rights of mothers who breastfeed their children while continuing to work.

- Article L1225-32: Employees who are breastfeeding also have the right to have a suitable space for breastfeeding or expressing their milk, in appropriate hygiene and safety conditions.

This section of the law states that breastfeeding employees have the right to have a suitable space for breastfeeding or pumping milk at their workplace. This space must be clean and safe to ensure the health of both mother and baby. This allows women to balance their work with breastfeeding their child.

However, it is important to note that some collective agreements or company agreements may provide different provisions regarding breastfeeding at work.

For example, some collective agreements may provide for compensation for breastfeeding breaks, others may not.

It is therefore recommended that you refer to your collective agreement or consult your company's human resources department to understand your specific rights regarding breastfeeding at work. If you encounter difficulties applying these provisions, do not hesitate to contact a lawyer specializing in employment law to advise you and defend your rights.

In conclusion, it is essential to:

Ask your employer about the practical arrangements in place to allow you to express your milk at work.
Make sure you have a quiet, clean place equipped with a refrigerator to store your milk and a suitable pumping kit.
For your information, it is recommended to express your milk every 3 to 4 hours, respecting a regular schedule.
Additionally, it is important to ensure you maintain a balanced and hydrated diet to promote milk production.

It's also interesting to compare French legislation with other countries that are more advanced on the subject of breastfeeding at work. For example, in Denmark, employers are required to implement concrete measures to support breastfeeding employees, such as break rooms equipped with telephones so mothers can stay in touch with their babies during breastfeeding breaks.

Now you know, it is entirely possible to reconcile returning to work and breastfeeding, your rights have been deciphered, breastfeeding and working mother . It is essential to know your rights, to find out about the measures put in place by your company, and to follow the recommendations of breastfeeding consultants to express your milk in the best conditions.