Asked by: Manufacturing HR
We have hired a new employee recently and she is under her breastfeeding period now. Should we grant her one hour breastfeeding time per day? How can we verify whether this employee has enjoyed her breastfeeding time in an accumulative way?
Answered by : River Delta·Shanghai Attorney Johnny Xu
Thanks for your question. Subject to Article 9 of Special Regulation on Labor Protection for female employees, the employer should arrange one hour breastfeeding time for the employee during the work time per day if the employee is under her breastfeeding period. If the employee gave multiple births, she will enjoy one more breastfeeding hour for one more baby that she is breastfeeding. Therefore the employer has right to require the employee to submit the relevant birth certificates; as long as the employee is under breastfeeding period, the employer should grant her one hour breastfeeding time.
Whether the employee has used up all her breastfeeding time accumulatively is irrelevant to the question whether the employer should grant this employee breastfeeding treatment. The employer can not exempt its own obligation based on the agreement between the employee and her previous employer. No matter how the employee enjoyed the breastfeeding treatment with her previous employer, the current employer should grant her one hour breastfeeding time per day.
Additionally, one hour breastfeeding time is mandatory. The beneficiaries from this treatment include both the employee and the baby. Therefore we suggest the company should not arrange the breastfeeding time in an accumulative way; otherwise there will be certain legal risk.