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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- The Expanded Breastfeeding Promotion Act of 2009 aims to protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
- By enacting the Expanded Breastfeeding Promotion Act of 2009, the State promotes and encourages breastfeeding and provide the specific measures that would present opportunities for mothers to continue expressing their milk and/or breastfeeding their infant or young child while working.
One of the salient features of Republic Act No. 10028 or the Expanded Breastfeeding Promotion Act of 2009 is that it requires establishments to set up lactation or breastfeeding stations and provision for paid breastfeeding breaks in workplaces.
The law says:
“Sec. 18. Department of Health Certification. – Any health and non-health facility, establishment or institution satisfying the requirements of Sections 6 and 7 herein relative to a proper lactation station may apply with the local Department of Health office for a ‘working mother-baby friendly’ certification. The Department of Health shall promulgate guidelines to determine eligibility for such certification, which shall include an annual Department of Health inspection to confirm the continued compliance with its standards.
“The Department of Health shall maintain a list of ‘mother-baby-friendly’ establishments, which it shall make available to the public.” (Section 13, R.A. No. 10028)
“Working Mother-Baby Friendly” Establishments
Employers or all establishments, whether operating for profit or not which employ in any workplace breastfeeding or nursing employees, unless so exempted by the Secretary of Labor and Employment, are required to have the following facilities and opportunities for working mothers:
- Workplace policy on breastfeeding;
- Lactation or breastfeeding stations;
- Lactation or breastfeeding periods and/or paid breaks;
- Compliance with the Milk Code;
- Dissemination of information on breastfeeding to employees.
Lactation or breastfeeding stations
A breastfeeding employee shall be given the right to have access to a clean, comfortable and private area where she can breastfeed or express breastmilk, during the normal eight (8) hour workday.
The law says:
Sec. 11. Establishment of Lactation Stations. – It is hereby mandated that all health and non-health facilities, establishments or institutions shall establish lactation stations. The lactation stations shall be adequately provided with the necessary equipment and facilities, such as: lavatory for hand-washing, unless there is an easily-accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable seats; and other items, the standards of which shall be defined by the Department of Health. The lactation station shall not be located in the toilet.
In addition, all health and non-health facilities, establishments or institutions shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same.
Apart from the said minimum requirements, all health and non-health facilities, establishments or institutions may provide other suitable facilities or services within the lactation station, all of which, upon due substantiation, shall be considered eligible for purposes of Section 14 of this Act.
Lactation or breastfeeding stations
The period of time within which a breastfeeding employee shall use the time to nurse her child shall be counted as compensable working hours. Such period shall not be less than a total of forty (40) minutes for every eight (8) hour working period.
The law says:
Section 7. A new Section 12 is hereby added to read as follows:
“Sec. 12. Lactation Periods. – Nursing employees shall be granted break intervals in addition to the regular time-off for meals to breastfeed or express milk. These intervals, which shall include the time it takes an employee to get to and from the workplace lactation station, shall be counted as compensable hours worked. The Department of Labor and Employment (DOLE) may adjust the same: Provided, That such intervals shall not be less than a total of forty (40) minutes for every eight (8)-hour working period.” (Section 7, R.A. No. 10028, amending Section 12, R.A. No. 7600)
Incentives for “working mother-baby friendly” establishments
The law says:
Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and amended to read as follows:
“Sec. 19. Incentives. – The expenses incurred by a private health and non-health facility, establishment or institution, in complying with the provisions of this Act, shall be deductible expenses for income tax purposes up to twice the actual amount incurred: Provided, That the deduction shall apply for the taxable period when the expenses were incurred: Provided, further, That all health and non-health facilities, establishments and institutions shall comply with the provisions of this Act within six (6) months after its approval: Provided, finally, That such facilities, establishments or institutions shall secure a “Working Mother-Baby-Friendly Certificate” from the Department of Health to be filed with the Bureau of Internal Revenue, before they can avail of the incentive.
“Government facilities, establishments or institutions shall receive an additional appropriation equivalent to the savings they may derive as a result of complying with the provisions of this Act. The additional appropriation shall be included in their budget for the next fiscal year.” (Section 14, R.A. No. 10028, amending Section 19, R.A. No. 7600)
Related article: Eligibility and coverage of Maternity Leave Benefit
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