Breastfeeding at Work: Understanding Your Rights to Express Breast Milk in the Workplace

Returning to work after having a baby should not mean having to choose between your employment and your child’s health. For many parents, expressing breast milk during working hours is an essential part of continuing to breastfeed after returning to work, whether for nutritional, medical or personal reasons.

Unfortunately, workplace disputes surrounding breastfeeding and expressing breast milk continue to arise across Australia. Employees sometimes report difficulties accessing suitable facilities, resistance from managers, concerns about privacy, or workplace decisions that make expressing breast milk more difficult than it needs to be.

Understanding your rights and your employer’s obligations is an important first step.

Breastfeeding is Protected by Law

In Australia, breastfeeding is recognised and protected under a number of legal frameworks.

Breastfeeding at Work: Understanding Your Rights to Express Breast Milk in the Workplace

Depending on the circumstances, protections may arise under:

• the Sex Discrimination Act 1984 (Cth);

• the Fair Work Act 2009 (Cth);

• State and Territory anti-discrimination legislation; and

• work health and safety legislation.

These protections exist because breastfeeding is a normal and important part of caring for a child.

Employees should not be disadvantaged simply because they need to express breast milk during the working day.

Expressing Breast Milk is a Normal Workplace Need

Many employees continue breastfeeding after returning to work. Health authorities recognise that breastfeeding can continue well beyond a child’s first birthday, and in some circumstances may continue for considerably longer where this meets the needs of the child and family.

As a result, many employees require reasonable opportunities during the working day to:

• express breast milk;

• access a private and hygienic location;

• safely store expressed milk; and

• take reasonable breaks where necessary.

These are common workplace needs that many employers successfully accommodate every day.

Employers Should Take a Practical and Supportive Approach

Every workplace is different, but employers should carefully consider how they can reasonably support employees who need to express breast milk.

Suitable arrangements will often include access to:

• a clean and private room;

• appropriate seating;

• electrical power where breast pumps require it;

• handwashing facilities nearby; and

• hygienic refrigeration or another suitable method of storing expressed milk.

A toilet is generally not regarded as an appropriate location for expressing breast milk.

Open communication between employers and employees often allows practical solutions to be implemented without disruption to workplace operations.

Workplace Safety Must Be Based on Evidence

Employers have legitimate obligations to ensure workplace health and safety. However, any decision affecting an employee’s ability to express breast milk should be based on an objective assessment of genuine workplace risks rather than assumptions or general concerns.

Before restricting existing arrangements, employers should consider questions such as:

• What specific risk has been identified?

• Can that risk be managed through practical measures?

• Have alternative arrangements been explored?

• Has the employee been consulted?

• Is the proposed restriction reasonable and proportionate?

Thoughtful consultation and evidence-based decision-making are more likely to achieve outcomes that protect both workplace safety and employee rights.

Breastfeeding Issues May Also Raise Discrimination Concerns

Depending on the circumstances, treating an employee unfavourably because they are breastfeeding or expressing breast milk may amount to unlawful discrimination.

Each case depends upon its own facts, but relevant considerations may include whether:

• reasonable workplace adjustments have been considered;

• policies are applied consistently;

• decisions disproportionately affect breastfeeding employees; or

• employees are treated less favourably because they are breastfeeding.

Early discussion and problem-solving can often prevent these issues from escalating.

Psychological Health is Part of Workplace Safety

Modern workplace health and safety laws recognise that employers must also manage psychosocial risks, so far as is reasonably practicable.

Where workplace conflict, repeated unreasonable behaviour, or poor management practices begin affecting an employee’s psychological wellbeing, employers should respond appropriately rather than allowing concerns to continue unresolved.

Supporting respectful communication and addressing issues promptly benefits both employees and organisations.

Practical Steps for Employees

If difficulties arise regarding expressing breast milk at work, employees may wish to:

• keep written records of discussions;

• confirm important conversations by email;

• ask for written reasons where workplace arrangements change;

• seek medical advice where appropriate;

• familiarise themselves with relevant workplace policies; and

• obtain independent advice about their workplace rights if concerns cannot be resolved internally.

Addressing issues early often provides the greatest opportunity for practical and cooperative solutions.

A Supportive Workplace Benefits Everyone

Supporting breastfeeding employees is not simply about legal compliance. It demonstrates respect, promotes employee wellbeing, assists workforce retention and contributes to an inclusive workplace culture.

Most employers recognise that accommodating reasonable breastfeeding needs is both achievable and beneficial. Where disagreements do arise, they should be approached through consultation, evidence-based decision-making and a genuine willingness to find practical solutions.

Every workplace is different, and every situation turns on its own facts. However, employees should not feel that they must choose between maintaining their employment and continuing to provide breast milk for their child.

At MYUNION, we regularly assist workers experiencing workplace issues involving discrimination, workplace bullying, adverse action and other employment-related concerns. If you are unsure of your rights or responsibilities, obtaining timely advice may help resolve issues before they escalate.

MYUNION – Employment & Human Rights Advocacy

This article is intended as general information only. It is not legal advice. Every matter depends on its individual facts and the applicable legislation.