Returning to work while breastfeeding can be challenging — but NSW public school employees are entitled to support.
Breastfeeding and lactation breaks are designed to ensure teachers and school staff can safely and comfortably express milk or breastfeed during the workday, without impacting their pay or leave.
This guide explains your rights, entitlements and workplace support in NSW schools.
What are lactation breaks?
Under state and federal legislation, there are protections for people who are still breastfeeding or need to express breast milk when they return to work. The provision for NSW teachers (which is consistent with the NSW public service) is for up to two paid 30-minute lactation breaks per full working day. It is not an additional monetary allowance nor provides additional release time. It means that the time you take to breastfeed or express breast milk will occur within your paid work time.
What do I need to do before I return to work?
Before you return to work, you should discuss with your principal your intention to utilise lactation breaks. Everyone’s circumstances are different. If you are still breastfeeding, then your child can be brought to you at school to do so. Not everyone’s routine matches school break times, and it helps to be clear about your situation because the principal is required to support you, but also needs to balance the operational requirements of the school. For example, if it requires covering your class or duty, you need time to plan ahead.
When can I take the lactation break(s)?
Determination 3 of 2011 — Lactation Breaks, made under the Teaching Service Act, defines lactation breaks for teachers. It states that a “lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is determined by the teacher’s needs in relation to the timing of breaks.” This means the timing of the breaks is not imposed on the teacher
but must be determined in consultation with them. The Department has a set of guidelines called Breastfeeding and Lactation Breaks in Schools — Guidelines for Principals and School Staff (2019), which provides examples of how to support he return to work.
What does it mean by ‘other activity necessary to the act of breastfeeding or expressing milk’?
This includes the preparation/cleaning of equipment. The Determination also states that for people experiencing difficulties in the transition from home-based breastfeeding to the workplace, you can access online/phone support from a breastfeeding consultative service during the lactation break, such as the Australian Breastfeeding Association Helpline Service. However, if you need to leave the workplace to seek support or treatment in relation to breastfeeding, you can access sick leave to do so.
What if I don’t need two breaks or my routine changes?
Not everyone will need two separate breaks during the day. Sometimes people plan on accessing two breaks, then may discover they only need one, but it takes longer than 30 minutes. The Determination states that a flexible approach can be taken by mutual agreement “provided the total lactation break time is not exceeded”. If your requirements are changing, you should have a discussion with your principal with as much notice as possible.
What must the Department provide?
Every effort must be made to provide access to suitable facilities to support breastfeeding. This includes a private, lockable, hygienic room with a power point, comfortable seating and facilities for convenient storage of breast pumps and related equipment. There must be facilities for washing hands and equipment. There should also be refrigeration for storage of breast milk. Unfortunately, the design of many schools means that this may not all be in the same room. So it is important to discuss what is needed, particularly to ensure that there is clear “In Use” signage for privacy and the cleaning and storage facilities are close by.
Where can I get help if the school is not supporting me?
The guidelines provide examples of how schools can support teachers, such as timetabling free periods/release from face-to-face to align where possible with lactation breaks; utilising non-teaching executive staff to cover lactation breaks or the use of casual relief/any spare staff entitlement to cover lactation breaks.
In addition, consideration can also be given to releasing teachers from before/after school staff meetings or other obligations to support their breastfeeding.
A Federation Representative or Women’s Contact can act as a support person in meetings to help negotiate the practical implementation of lactation breaks in the teacher’s school.
Federation’s Professional Support section can be contacted for additional advice: 1300 654 367.