Detailed Outline
Keypoints
- Since 1997, the Government’s policy on breastfeeding in the workplace has been contained within a broader policy document “Employer Sponsored Childcare Policy and Guidelines” (ref. Premier’s Memorandum 1997-03).
- A separate breastfeeding policy is being issued with this Circular that provides for paid breaks and facilities for breastfeeding in a flexible and consultative manner.
- A new clause, Lactation Breaks, has been inserted in the Crown Employees (Public Service Conditions of Employment) Award 2009.
- The provisions in the Policy and Award apply to agencies that comprise the ‘NSW Public Service’1. Other Public Sector agencies are encouraged to adopt those provisions.
Attachments: Breastfeeding Policy and Variation to Crown Employees (Public Service Conditions of Employment) Award 2009
Previous policy
The Employer Sponsored Childcare Policy and Guidelines (Premier’s Memorandum 1997-03) recommended the public sector put into practice the concept of ‘mother friendly’ workplaces. It suggested agencies assist mothers to continue to breastfeed as long as they choose by providing for lactation breaks and appropriate facilities. The parts of the childcare policy that relate to breastfeeding are superseded by this Circular. (The remainder of the childcare policy remains current.)
Background to current policy
The NSW Government strongly supports participation in paid work by women in their child-bearing years and therefore continues to encourage the timely return to work of breastfeeding employees and achievement of a balance between work and family.
In 2007 the Government amended the Anti-Discrimination Act 1977 to make it an offence to discriminate against a person who breastfeeds, including the act of expressing milk.
On 28 April 2010, the Industrial Relations Commission approved the application by the NSW Director of Public Employment to vary the Crown Employees (Public Service Conditions of Employment) Award 2009. The variation includes the following provisions:
- A full time staff member or part time staff member working more than four hours a day is entitled to up to two paid breaks of up to 30 minutes each day for the purpose of breastfeeding or expressing milk.
- A part time staff member, who is working less than or equal to 4 hours on any one day is entitled to one paid lactation break of up to 30 minutes on that day.
- Flexible arrangements achieved by mutual agreement between staff members and their supervisors.
Current policy
The Breastfeeding Policy seeks a flexible and consultative approach to the provision of breaks and facilities for breastfeeding mothers where both employees and supervisors have responsibilities.
The Policy acknowledges that breastfeeding promotes the health and well being of mothers and babies.
Chris Raper
A/Director General
Which agencies does this Circular apply to?
The Breastfeeding Policy applies to all agencies and employees in the NSW Public Service (Part 1 Schedule1 of the Public Sector Employment and Management Act 2002) and is recommended for other NSW Public Sector agencies including the Teaching Service, NSW Police and the NSW Health Service.
Who needs to know about this Circular?
HR Managers and all line managers.
Further information
Tiiu Monnone, Principal Advisor Policy and Strategy, Public Sector Workforce Branch (02) 9228 5927 [email protected]
Brooke Craig, Senior Advisor Industrial Relations , Public Sector Workforce Branch (02) 9228 4667 [email protected]
Issued by
Public Sector Workforce Branch in the Department of Premier and Cabinet
Contact
Samara.Dobbins 9228-5928 samara.dobbins@dpc .nsw.gov.au
Date
10 May 2010
This Circular does not supersede any Circular but supersedes the sections related to breastfeeding of Premier’s Memorandum M1997-03.
Overview
Compliance
- Not Mandatory
AR Details
- Date Issued
- May 10, 2010
- Review Date
- Jun 13, 2024
- Replaces
-
- Replaced By
Contacts
- Contact
- Contact us
- Phone
- 02 9228 5555
- Publishing Entity
- Department of Premier and Cabinet
- Issuing Entity
- Department of Premier and Cabinet