Your legal rights
You have the right to ask for support and your employer should respond positively.
Under the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008, employers are required, as far as reasonable and practicable, to provide:
- Appropriate facilities for breastfeeding or expressing, and
- Breaks for employees who wish to breastfeed in work or during work time.
If your employer refuses or limits these requests, put your request in writing and ask for a written response.
Getting Help
If you’re having trouble there are several ways to get support and advice.
1) Within your workplace
- Contact your Grievance Officer, EEO (Equal Employment Opportunity) Manager, or HR team.
- They can help you raise concerns, explore practical solutions, and facilitate discussions with your employer.
2) External support & advocacy
- Your union (if you are a member)
- Human Rights Commission
- Working Women’s Resource Centre
- Your local Community Law Centre
These organisations can provide advice, mediation, and advocacy. Sometimes a simple reminder of legal obligations resolves the issue.
If You Experience Harassment or Discrimination
It is unlawful to be bullied, harassed, or discriminated against because you breastfeed, or because you stand up for your rights.
- Keep a record of incidents (dates, times, what happened, who was present).
- If safe, raise it directly with the person involved.
- Escalate to your manager or HR and follow your workplace grievance policy.
- If internal steps don’t resolve it, seek advice from your union, the Human Rights Commission, or your Community Law Centre.
Remember: Advocating for yourself isn’t being difficult. It is exercising a right recognised under New Zealand law.
Support Resources
Breastfeeding and Expressing at Work – A collaborative return to work plan. Women’s Health Action’s Return to Work Plan helps parents and employers have positive, guided conversations about breastfeeding when returning to work. It’s 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
