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Supporting Working Women to Breastfeed: Rights, Leave, and Global Standards

This article explores the critical elements necessary for working women to successfully breastfeed, focusing on proximity to their child, time, motivation, and necessary skills. It reviews the International Labour Organization (ILO) conventions on maternity protection and entitlements for working women around the globe. From Bulgaria's comprehensive leave policies to India's limited provisions, it highlights the stark realities of women in the informal sector who lack essential protections. The article also discusses legislative measures, social security, and enabling facilities like crèches and breastfeeding breaks that are vital for supporting nursing mothers in the workforce.

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Supporting Working Women to Breastfeed: Rights, Leave, and Global Standards

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Presentation Transcript

  1. What working women need to breastfeed

  2. Proximity to child • Time • Motivation and skill

  3. Worker’s rights • 1st ILO convention – 1919 • The Maternity Protection Convention, 2000 (No. 183), is the most recent standard accompanied by the Maternity Protection Recommendation, 2000 (No. 191).

  4. Entitlements • to all employed women, no matter what occupation or type of undertaking, including those women employed in atypical forms of work who often received no protection • 14 weeks of leave • Recommendation No. 191 suggests that this period be at least 18 weeks • the right to return to the same work, or one with the same pay, upon return from the leave (Articles 4 and 5)

  5. Internationally.. • Bulgaria - 45 days 100% paid sick leave prior the due date, 2 years paid leave, and 1 additional year of unpaid leave. • Sweden, Norway, Estonia - 18 months' paid leave per child, the cost being shared between employer and State • Canada - 35 weeks divided between the two parents, which can be expanded to a year, paid for by the Employment Insurance system • UK - 52 weeks of maternity leave, 39 weeks of which is paid, with the first six weeks paid at 90% of full pay and the remainder at a fixed rate

  6. India • MBA 1961, ESI Act 1941- 12 weeks paid maternity leave • 5th Pay Commission, 1997 - For Govt employees 4 ½ months 15 days paternity leave. In Punjab and Haryana 6 months

  7. Who does this (not) apply to? • Applies to less than 10% of all working women!! • More than 93% working women work in the informal sector where there is no employer-employee relationship • These are the very women who have children with high mortality….who need it most

  8. Consider • Domestic workers • Landless agricultural workers • Small scale home based workers (‘bindi’ worker, embroiderer etc etc) • Vendors

  9. Challenges • What system for identification • Who will pay? • How will money be collected? • What delivery mechanism? • How will ‘leave’ be ensured? • What redressal mechanisms? (private sector, SEZs, contractual workers)

  10. Some legislative measures • Social security bill for unorganised workers • Construction workers’ act

  11. Some mechanisms • Direct cash transfers (MR SchemeTamil Nadu, NMBS) • Cess (construction workers act, 1%) • Tripartite Boards for implementation

  12. Other enabling facilities • Creches on Worksites • Breastfeeding breaks: Over 90 ILO member States provide nursing breaks of at least one hour under national legislation • Privacy to breastfeed in public places – ‘women and child’ rooms at stations, airports etc • Easier commuting

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