Employers Face Penalties On Failure To Provide Lactation Rooms For Breastfeeding Mothers

• Published date: 22 September 2020
• Subject Matter: Employment and HR, Food, Drugs, Healthcare, Life Sciences, Employee Rights/ Labour Relations
• Law Firm: Anjarwalla & Khanna
• Author: Ms Aisha Abdallah and Mona K. Doshi

Introduction

The Breastfeeding Mothers Bill, 2019 (the Bill) was introduced to the National Assembly on 18 October 2019. It requires employers to provide breastfeeding mothers with the time and space to freely express breastmilk, prescribes minimum standards for lactation stations and introduces penalties for non-compliant employers.

Current Law on Breastfeeding at the Workplace

The Health Act, (Act No. 21 of 2017) (the Health Act) already requires all Kenyan employers regardless of size or nature of work to establish lactation stations in the workplace for employees expressing milk. The Health Act requires the lactation stations to be equipped with the necessary equipment and facilities, including handwashing equipment, refrigerators or appropriate cooling facilities, electrical outlets for breast pumps, a small table and comfortable seats.

Following the enactment of the Health Act, the Ministry of Health published "Guidelines for Securing a Breastfeeding Friendly Environment at The Work Place" in May 2018. The guidelines provide direction to public and private institutions on how to create breastfeeding-friendly workplaces.

The Breastfeeding Mothers Bill, 2019

As indicated above, the Bill introduces a stronger statutory framework to protect, promote and support breastfeeding especially among working mothers. Below are the salient provisions of the Bill.

a. Lactation Stations

Employers should already be aware that there is a legal requirement under the Health Act to provide lactation stations for breastfeeding mothers.

The Bill now provides minimum standards for the lactation stations and provides that every station shall:

1. be shielded from view and be free from intrusion from co-workers;
2. be clean, quiet, private and warm;
3. not be a bathroom or toilet;
4. have a lockable door;
5. have a washbasin;
6. have a fridge for storing expressed milk;
7. have a provision for an electric outlet and lighting; and
8. have a chair, table and a clean space to store equipment.

In addition to the minimum standards, the Bill requires employers to provide a physical environment that is safe for the baby as well as appropriate programs that develop a baby's cognitive, emotional, social and language abilities.

It is important to note that failure to meet the minimum standards in respect of the lactation stations would attract a fine not exceeding KES 500,000 (approx. USD 5,000) or imprisonment for a term not exceeding one year, or to both.

b. Breastfeeding Time and...