Break for breastfeeding – can the employer refuse?

The Labour Code provides a special entitlement for employees who are breastfeeding – the possibility to take breaks that are included in working time. According to Article 187 of the Labour Code, an employee has the right to two half-hour breaks per day, and if she is breastfeeding more than one child – to two breaks of 45 minutes each. If the working time does not exceed 6 hours, the employee is entitled to one break, whereas for employment shorter than 4 hours, the right to breaks does not arise. Importantly, the breaks may – at the employee’s request – be granted consecutively.

As a rule, the employer cannot refuse to grant a breastfeeding employee such breaks, as the decision to exercise this right belongs solely to the employee. Refusal to grant the breaks would constitute a violation of labour law provisions and could be classified as an offence against employee rights. Pursuant to Article 281 of the Labour Code, a person who is an employer or acts on behalf of an employer and violates provisions concerning employee entitlements related to parenthood is subject to a fine ranging from PLN 1,000 to PLN 30,000. Therefore, the employer is obliged to grant breastfeeding breaks, provided that the employee submits an appropriate request in advance.

Who decides on the timing of breastfeeding breaks – the employee or the employer?

The legislator has not specified the time of day when these breaks should be taken; therefore, the employee should indicate how she wishes to use them. At the same time, it should be remembered that the exercise of this right should take place without detriment to the functioning and organisation of the workplace. This means that the employer – guided by the needs of the company – may adjust the employee’s proposal so that the breaks do not cause disorganisation. Thus, it is not the case that the employee may demand a break at a specific hour and the employer must grant it precisely at that time. In practice, this usually comes down to finding a solution that balances the employee’s rights with the employer’s operational needs.

How can the employer verify whether the employee is actually breastfeeding?

The Labour Code does not impose an obligation to present documents confirming that the employee is breastfeeding, nor does it set a limit on the child’s age. Nevertheless, legal doctrine and case law recognise that the employer has the right to request a medical certificate. This is particularly justified in cases of long-term use of breastfeeding breaks. Importantly, the regulations do not specify the doctor’s specialisation, meaning that a certificate issued by any licensed physician should be accepted by the employer.

Breastfeeding breaks – a necessary privilege for young mothers?

Breastfeeding breaks are not a privilege but a statutory employment right. The employer cannot refuse to grant them, although they do have a say in how they are organised in the workplace. What matters most is striking an appropriate balance between the interests of the employee and the employer. The employee has the right to take the breaks, but this must not disrupt work or lead to unjustified preferential treatment.

In practice, it often happens that women declare that they are breastfeeding even several years after childbirth, while statistics show that most mothers in Poland stop breastfeeding around the fifth month. Such situations can create tension within the team, where colleagues may “suspect” that the employee is using her entitlement merely to shorten her working time and perceive it as unfair. In such cases, it is reasonable to dispel doubts by asking the employee to present an up-to-date medical certificate.

Breastfeeding breaks – like any employment right – when used in accordance with their intended purpose and with respect for the principles of social coexistence, undoubtedly make sense. However, they may also become an area prone to abuse. Nonetheless, the employer is not deprived of tools to manage this appropriately.