Consultation on The Code of Employment Practice on Infant Feeding
The deadline for submissions on the proposed Code of Employment Practice on Infant Feeding closed on Monday 7 September 2009.
The Department of Labour is seeking comment on the proposed Code of Employment Practice on Infant Feeding.
THE CODE OF EMPLOYMENT PRACTICE
From 1 April 2009 the Employment Relations Act 2000 (the Act), amended by the Employment Relations (Breaks, Infant Feeding and Other Matters) 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 is reasonable and practicable in the circumstances.
The objective of the amendments is to create minimum standards for a modern workforce in respect of the protection and promotion of infant feeding through breastfeeding and rest and meal breaks.
The Minister of Labour is required by the Act to approve a Code of Employment Practice as soon as practicable after the commencement date of 1 April 2009. This Code is not a substitute for the Act, but the Employment Relations Authority or Employment Court may have regard to this Code in determining whether or not the parties have met their obligations under the Act.
The purpose of the Code of Employment Practice on Infant Feeding [HTML] [PDF, 5 Pages, 56kB] is to provide quick and flexible guidance to assist employers to fulfil their obligations concerning the provision of breastfeeding breaks and facilities under section 69Y of the Act.
The draft Code includes suggestions about the type of issues that should be considered when negotiating an arrangement with a breastfeeding employee, and determining what arrangement would be reasonable and practicable in the circumstances.
RELATED DOCUMENT
You might wish to refer to the following resources when you consider feedback on the Code. The Department of Labour’s publication Breastfeeding in the Workplace: A Guide for Employers (2005) provides more detailed information, options and ideas and is intended to be complementary to the Code. The guide will be updated shortly to reflect the provisions of the amended Act and the existence of the Code.
The Department of Labour’s website also provides a simple overview of infant feeding in the workplace.
PUBLIC CONSULTATION
The Department of Labour has completed the first phase of consultation developing the draft Code with a small external reference group comprising business, community and union representatives and the Ministry of Health.
The Department welcomes your comments on this draft Code.
- Content for Code of Employment Practice: An Employer's guide to Section 69Y of the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 [HTML]
- Content for Code of Employment Practice: An Employer's guide to Section 69Y of the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 [PDF, 4 Pages, 56kB]
If you wish to provide feedback on the draft Code please download and complete the following form and return it by fax, email or post no later than 5pm, 7 September 2009.