The status of a breastfeeding woman in labour law

• Main Author: Rabovanović Dragana
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2016-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: specific protection of breastfeeding women; maternity protection; prohibition of discrimination based on family responsibilities
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011672247R.pdf

The legal status of an employed woman who is breastfeeding is regulated by the special Occupational Safety and Health Act. This Act implies a number of specific measures developed to ensure that breastfeeding women and their children, as a particularly vulnerable group, are provided with a fuller support and protection. Thus, a breastfeeding woman is guaranteed the right to take one or more daily breaks to breastfeed her child, or the right to work shorter working hours on the daily basis, provided that she returns to work within a period of one year from the birth of her child. Moreover, a breastfeeding woman shall not be obliged to perform work which has been assessed as significantly risky to her health or to the health of her child. However, a complete occupational safety and health protection of a breastfeeding woman also implies protection from discrimination on the grounds of family responsibilities, as well as creating work environment where every employee can effectively exercise the right to fair working conditions, taking into consideration the risk of discrimination that the breastfeeding woman is exposed to and the difficulties she faces while exercising certain employment rights. This paper analyses the status of employed breastfeeding women in labour legislation in order to discuss and underscore the legal protection goals and to indicate the risks which endanger their dignity and wellbeing.