Collaborative Plan
Work through this document together with your employee to set up a customised plan for your return to work. Women’s Health Action’s Return to Work Plan helps employees and employers have positive, guided conversations about breastfeeding when returning to work. Resulting in a written plan. Based on Employment New Zealand recommendations and current legislation, promoting workplaces that actively support breastfeeding families.
You can download the Breast Feeding And Return to Work Plan Here
Breastfeeding at Work Resources
A set of practical resources to support our working whānau to breastfeed.
Resources and Legal Obligations Overview
Human Rights Act 1993
Breastfeeding women have the right to breastfeed or express breastmilk at work. Employers are required to find ways for employees to do their job and have regular breaks to breastfeed or express milk. Treating an employee unfairly because they are breastfeeding or expressing breastmilk is a form of sex discrimination. More information can be found on the Human Rights Commission website
In practice:
Employers must not discriminate against employees who are breastfeeding or expressing milk.
Employment Relations Amendment Act 2008
The Employment Relations Amendment Act 2008 requires employers to provide appropriate facilities and breaks for employees who wish to breastfeed either at the workplace or during a work period, as far as it is reasonable and practicable in the circumstances. The amendment balances the need to support the choices of employees, particularly regarding their work-life balance and caring responsibilities, with the operational requirements of businesses.
In practice:
Employers must ensure staff have suitable spaces and reasonable breaks to feed or express milk during work hours. They need to make reasonable arrangements that allow regular breaks and access to private spaces. This is a legal requirement, balanced with operational needs.
The Code of Employment Practice on Infant Feeding
The Code of Employment Practice on Infant Feeding assists employers who want to know how to meet their obligations under the Act. Appropriate facilities, the nature of breaks, accommodating changes to meet circumstances, and documenting arrangements, are all detailed in the Code.
In practice:
The Code is a practical guide for employers. It outlines what “appropriate facilities” mean, how to structure breaks, and how to document arrangements that meet legal requirements.
Employment Relations (Flexible Working Arrangements) Amendment Act 2007
The Employment Relations Amendment Act provides employees who have been with their employer for 6 months or more and have young or dependent children the right to request part-time and flexible hours and the employer has a duty to seriously consider such requests.
In practice:
Employees can formally request flexible or part-time work to manage childcare or feeding needs. Employers are legally required to consider these requests in good faith.
Useful Links
Explore these trusted sources for more detailed information and practical support.
- Breastfeeding in the workplace – a simple gide for employers.
- Breastfeeding at work – information from Employment NZ.
- Diversity Works NZ – supporting inclusive workplace culture.
- Human Rights Commission – breastfeeding is a human right; includes information for both employers and employees.