C-2025-10 Lactation and Work Policy

Scope and purpose

The NSW Government promotes workplace environments which are inclusive, respectful and ensure the health and wellbeing of employees.

This policy supports lactating employees who seek to breastfeed and/or express milk while at work.

A supportive workplace encourages greater retention of employees following parental leave, assists employees to integrate their work and family commitments, and improves engagement and job satisfaction.

The policy applies to employees of Public Service Agencies (“NSW Agencies”). It is recommended for the NSW Government Sector, including State Owned Corporations and should be read in conjunction with relevant instruments, policies and operational requirements.

The policy sets out the minimum standards to be applied by the Departments and Agencies, and should be read in conjunction with relevant legislation, Memoranda, industrial instruments and agency specific policies.

Workplace support for lactating employees

Lactation breaks

Lactation breaks at work are necessary to maintain the employee’s health and wellbeing and may assist in maintaining adequate milk supply for the child.

The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (the “Conditions Award”) provides for the minimum entitlement in the NSW Public Service:

• Up to two paid lactation breaks of up to 30 minutes each per day (or per shift) for full-time employees or part-time employees working over four hours per day; or
• One paid lactation break of up to 30 minutes for part-time employees working four hours or less on a workday.

These breaks are in addition to any other rest or meal breaks provided for in the Conditions Award and may be accessed by employees for breastfeeding, expressing milk and/or associated activities such as labelling and storing of milk and cleaning of equipment etc.

Subject to operational and safety requirements, employees may opt to use these breaks to have their child brought to them at work for the purpose of breastfeeding. Other options might include the employee attending to breastfeed their child at home, childcare or other offsite location if nearby, and/or taking expressed milk to the child.

A flexible approach to lactation breaks is taken by agreement between the employee and their manager. An employee’s request for flexibility regarding lactation breaks will be supported as far as possible and not be unreasonably refused. If refused, reasons will be provided for refusal.

Options for tailoring lactation breaks to meet the individual requirements of lactating employees might include joining a lactation break with another paid break or part thereof to provide for a longer lactation break, or dividing the total lactation break of 60 minutes (full-time equivalency) to provide for 3 or more shorter breaks, or combining breaks with flex or other leave to extend the lactation break, etc. This flexibility recognises the differing breastfeeding requirements for employees as their child develops.

Arrangements for breaks should be reviewed at agreed intervals to ensure an appropriate balance is maintained between the employee’s needs and safety and operational requirements.

Workplace facilities for breastfeeding and/or expressing milk

Employees will have access to a suitable private space for the purpose of breastfeeding or expressing milk. Where practical, the minimum requirements may include:

• a private and hygienic space which is suitably signed, and which is free from interruptions and the view of other employees;
• comfortable seating, a table, access to power point and storage for equipment; and
• access to refrigerator and facilities (including hot water) for washing hands and equipment.

Where it is not practical to provide these facilities on site, for example, for field-based employees, reasonable alternatives should be discussed and agreed between the employee and their manager.

Agencies are to ensure that the requirements are factored into all new and retro fitted facilities, where reasonably practicable.

Modifications of existing facilities may include conversion of office space to ensure facilities are accessible for the time and purpose of breastfeeding, implementation of a breastfeeding booking system for a suitable meeting room or putting in blinds to ensure privacy in an otherwise suitable room.

Flexible working arrangements

Employees may seek to enter into a flexible work arrangement to assist them to meet their short or longer-term requirements in respect of lactation. Examples include, but are not limited to, arrangements for flexible start or finish times, the ability to combine lunch or other breaks to coincide with lactation breaks and ability to travel offsite during breaks for the purpose of breastfeeding and/or providing expressed milk to the child if nearby, staggered return to work from parental leave, part time work or gradual increase to full time hours, working from home.

Employees are encouraged to discuss their requirements for flexible working with their manager. Managers should consider these requests in line with this policy and the agency’s flexible work policy where applicable. All flexible working arrangements require prior approval and are subject to operational requirements. An employee’s request will be supported as far as possible and not be unreasonably refused. If refused, reasons will be provided for refusal.

Information and support

Further information and services which may be of assistance to employees include:

• Australian Breastfeeding Association Helpline - 1800 686 268 or visit - www.breastfeeding.asn.au
• NSW Health – visit www.health.nsw.gov.au/breastfeeding

Employees who experience difficulties transitioning from home-based breastfeeding to the workplace are afforded paid time and access to workplace resources to contact/consult with the above services and may utilise sick leave or flexible working hours provisions, (as appropriate to their Award conditions) when attending for treatment or advice.

In addition, counselling services are available for employees to access through the NSW Agency’s Employee Assistance Program (EAP).

Roles and responsibilities

Managers

• ensure policy awareness and compliance.
• support employee requests as far as possible in line with safety and operational requirements.

• explore alternative workable arrangements with the employee when issues arise, the discussion should result in an agreed approach.

• awareness and compliance with workplace health and safety.

Employees

• ensure policy awareness and compliance.
• when accessing workplace facilities, ensure:
  • breastfeeding/expressing is only carried out in the agreed designated private space;
  • caregivers and children in their care enter the workplace at the commencement of each breastfeeding break and leave the workplace at the completion of each breastfeeding break in the same manner;
  • the safe storage of expressed milk in sealed, clearly labelled containers in the refrigerator;
  • workplace facilities are left clean and tidy;
  • observance of any other guidelines applying to the use of rooms and facilities;
  • awareness and compliance with workplace health and safety and public liability policies and practices.
• provide reasonable notice to their manager of their intention to breastfeed/utilise lactation breaks upon their return to work or to discuss any requirements for access to flexible work arrangements

Human Resources/People & Culture 

• ensure policy awareness and compliance.
• provide advice and assistance to managers and employees as required.

Corporate Services (Facilities Management/Workplace Services Teams)

• ensure that the requirement for these facilities is factored into all new accommodation and retro-fix fitted to existing accommodation, if not already.

Related legislation and policies

• NSW Anti-Discrimination Act 1977
• Workplace Health and Safety Act 2011
• Industrial Relations Act 1996
• Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
• Agency Flexible work agreements and policies
• M2024-07 Paid Parental Leave – Parent with responsibility for care associated with the birth, adoption, altruistic surrogacy or ongoing placement of a child or young person subject to a legal order

Simon Draper
Secretary