Understanding the Legislation

Understanding the Legislation

Breastfeeding and expressing milk at work are protected by law in Aotearoa New Zealand. Employers have clear obligations to support parents returning to work.

Several pieces of New Zealand legislation protect employees who are feeding or expressing milk for their infants. Understanding these laws helps employers meet their responsibilities and create safer, more supportive workplaces.

Women’s Health Action research shows many employers still lack awareness of their legal obligations:

  • 54% of employee respondents said their employer provided flexible hours and/or private facilities for feeding or expressing
  • 20% said no workplace support was available
  • 67% of employers reported reduced staff turnover when providing breastfeeding facilities
  • 69% said breastfeeding support improved staff morale

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 a woman unfairly because she is 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 New Zealand 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.

Free Resource:

Use this Women’s Health Action free template and resource to help guide you through the requirements of the Employment Relations Amendment Act and make a collaborative Return-To-Work Plan that meets your obligations, providing a smooth transition and positive workplace.

Download the Return-To-Work Plan Template

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.