Breastfeeding at work

National Legislation & Guidance

You have the right to breastfeed or bottle feed a child in public until a child is 24 months old under specific Scottish Law, the Breastfeeding etc. (Scotland) Act 2005.

Feeding a child in public over 24 months old may be protected by the Equality Act 2010.

In places where a person is entitled to breast feed or bottle feed a child: the manager or employer of a workplace is responsible for telling their workers about this right – both from an internal and service provision perspective.

• General Health & Safety Risk Assessments are required at work for all employees including specific risks for those of child bearing age, those who could become pregnant, are pregnant or those who are new mothers.
• You must carry out an individual risk assessment when a worker tells you in writing that:
• They’re pregnant, they've given birth within the last 6 months, or they're breastfeeding and you should review the risk assessment regularly. Health & Safety Executive has specific advice for employers on how to protect pregnant workers and new mothers.

Supporting breastfeeding at work

When a worker returns to work after a period of maternity leave or indeed, begins working in your workplace having recently had a child, facilitating a supportive and open conversation about their child feeding choices to identify intentions to breast feed is recommended.

• Consider family friendly/breastfeeding at work policies and procedures for implementation and review.
• Breast milk is natural and it provides all the nourishment a baby needs.
• Breast milk can help a baby fight potential infections, such as ear and chest infections and tummy upsets...
• Babies who are breastfed are less likely to need to see a doctor with these illnesses.

Information provided by the Workplace Team, Fife Health Promotion Service, Fife Health & Social Care Partnership

Breastfeeding friendly establishment criteria:

Implement the following in your workplace and become part of the Breastfeeding Friendly Establishment Scheme:

• Workers within organisation aware of the Breastfeeding etc. (Scotland) Act 2005 and the Equality Act 2010, the aims of the Breastfeeding Friendly Scotland scheme and what that means for them.
• All workers will be advised about their responsibilities under the law and new staff will be made aware as part of their induction.
• If there are any complaints from your customers about a breastfeeding mum, they should be informed that you are signed up to the Breastfeeding Friendly Scotland scheme and you can advise them about the legislation.
• Display the Breastfeeding Friendly Scotland sticker in a prominent position, at the front of the premises, where it is easily seen.