What Does a Lactation Educator Do?

After the woman's maternity leave is over, the employer should arrange breastfeeding time of no less than one hour within the working day. This is called breastfeeding leave and it is considered as working time.

Lactation leave

In order to protect the legitimate rights and interests of female employees, protect the safety and health of female employees in productive labor, promote family planning, promote eugenics, and improve national quality, the state has formulated regulations on female employees' breastfeeding leave. details as follows:

Female employees who have given birth in compliance with family planning regulations and who have difficulty raising their babies after the maternity leave have passed

Breastfeeding leave for one year (calculated one year after the baby is born), you can enjoy 0.5 hours of breastfeeding twice a day, which can be combined into 1 hour. Get off work one hour in advance or one hour in the evening (breastfeeding includes artificial feeding).

1. Breastfeeding time: for child rearing

If you are close to home, you can divide the breastfeeding time into two, go home half an hour in advance for lunch, and feed your baby half an hour in advance, plus several times of feeding at night, you can basically meet the baby's Need it. If you are away from home, you can squeeze out the breast milk and store it in advance. Ask your family to feed it once or twice, and then return home at night to feed.

Ms. Li, a staff member of a financial company, told this newspaper: My child is a twin with premature and low birth weight. I applied for breastfeeding leave from the company at the end of maternity leave, but it was not approved. I have applied to the company for sick leave many times and provided the sick leave certificate issued by the hospital, but the person in charge of the Human Resources Department rejected the sick leave application and repeatedly suggested that I took the initiative to resign, and I did not agree. In mid-April, the company stated that I had not fulfilled the leave procedures, and could not go to work without authorization, dealt with as absenteeism, recorded the punishment, and publicized it throughout the company. But before the disciplinary notice was made, the company did not communicate with me, explain or warn me.

I want to inquire: Is it legal for the company to claim that the certificate I provided does not comply with the regulations and not authorize me to take a nursing leave? Now if the company terminates the labor contract with me in the name of absenteeism, does it comply with laws and regulations? I do not accept the punishment, how can I appeal?

The labor law expert Lu Ye answered, Article 16 of the "Measures for the Protection of Female Employees in Shanghai" (referred to as the "Measures") stipulates that after female employees have difficulties and have a work permit, they should submit an application in person and get approval from the unit. Please breastfeed for six and a half months.

Although the law stipulates that female workers have the right to apply for breastfeeding leave, the premise is that there are real difficulties and a work permit, which requires the approval of the employer. Therefore, granting female employees the right to breastfeeding leave is not a legal obligation of the employer. It can only be regarded as a right that the employer can create for female employees, rather than a legal right, and the unit may not approve the employee's breastfeeding leave.

However, even if the unit did not approve the breastfeeding leave, according to Shanghai regulations, for female employees with infants under one year of age, the unit where they work is obliged to give them two breastfeeding periods of 30 minutes each during working hours. For multiple births, each additional baby will increase the feeding time by 30 minutes. Female workers can use two breastfeeding hours during each shift. Breastfeeding time and the time of breastfeeding to and from the unit are counted as labor time.

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The "Special Provisions on Labor Protection for Female Employees" issued in 2012 clearly stipulated that female employees enjoy one hour of "breastfeeding leave" per day. However, since the implementation, no teenage workers have enjoyed it. Many mothers complain that one hour is not enough to travel back and forth. On January 24, 2014, the Jiangsu government's legal system published an online consultation draft of the "Measures for Implementing the" People's and Children's Health Law of the People's Republic of China "(Revised Draft) in Jiangsu Province, which extended the breastfeeding time from one hour to two hours. Once officially implemented, it is definitely good news for mothers who need to breastfeed and work. ^[3]