Breastfeeding Leave as an Employment Right

Breastfeeding leave aims to mitigate the impact of the mother’s return to work and ensure breastfeeding for the baby.

Furthermore, it is through breastfeeding leave that the guidelines of the World Health Organization (WHO) and the Brazilian Ministry of Health (MS) are implemented.

CONCEPT AND LEGAL SUPPORT

Breastfeeding leave consists of two 30-minute breaks for breastfeeding the baby until he or she reaches six months of age.

This right is guaranteed in labor law, by article 396 of the CLT (Consolidation of Labor Laws), establishing the break during the workday.

The granting of this leave may be defined by mutual agreement with the employee, establishing how the breaks will be taken.

In addition, labor law and doctrine establish that this break can be converted into a reduction of the workday.

This conversion can only occur in the following cases:

lack of dignified conditions for breastfeeding; lack of an appropriate place.

Generally, in this situation, it is permitted to reduce the workday by up to 1 hour, both at the beginning and at the end.

That is, the same period of time that would be granted if the break were taken at the company.

WHO IS ENTITLED TO BREASTFEEDING LEAVE?

The law guarantees that any mother, whether employed or self-employed, is entitled to this leave.

Therefore, adoptive mothers are also entitled to the leave, which constitutes an important achievement for those who adopt and wish to accompany their child(ren) during the breastfeeding period.

BENEFITS OF THE “CITIZEN COMPANY” PROGRAM

In addition, in the case of companies that are part of the “Citizen Company” program, established by the Federal Government, there are benefits for companies that support the rights of breastfeeding mothers. These benefits, once the company is registered and the leave requests (both maternity and breastfeeding), guarantee a reduction in the company’s taxes.

The procedures described above must be carried out on the Federal Revenue Service website, through this link.

BUSINESS PRACTICE AND THE EXTENSION OF MATERNITY LEAVE BY 15 DAYS

The granting of leave to ensure breastfeeding occurs after the end of maternity leave.

This is because maternity leave lasts 120 days, or on average 4 months. On the other hand, the recommended time for breastfeeding is 6 months.

However, there is a common practice of adding up the requests for 15 consecutive days of breastfeeding leave.

These 15 days are defined by calculating the total number of breastfeeding breaks during the leave period, i.e., 2 breaks of 30 minutes each day for a period of 2 months.

However, although the 15-day period is based on the conversion of daily breaks, the employer is not obligated to accept this conversion.

In other words, in cases where the company does not have the structure to grant the uninterrupted 15-day leave, but only the daily breaks of 30 minutes each, the employer may or may not convert the leave.

In this sense, the text aimed to present the main principles regarding breastfeeding leave. Did you like the text and want more information about the world of Labor Law? Continue following our blog and follow our Instagram for more content.