Q&As

If an employer provides unpaid time off for an employee to breastfeed, does failure to pay the employee for that time off amount to sex discrimination?

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Published by a LexisNexis Employment expert

Published on: 26 February 2024

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There is no statutory right for an employee to take time off to breastfeed, whether paid or unpaid.

If an employer is notified that an employee is breastfeeding, they should bear in mind:

•
the need for a risk assessment
•
the possible risk of discrimination or other prohibited conduct claims under the Equality Act 2010 (EqA 2010), eg for direct discrimination

Risk assessments

In addition to the duty under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, reg 16(1) to carry out a general risk assessment of health and safety issues where women of child-bearing age are employed, where an employee notifies the employer that they are breastfeeding, the employer has a specific duty under MHSW Regs 1999, SI 1999/3242, regs 16(2)–(3) and 18 to carry out an individual risk assessment in respect of that employee.

Where the assessment identifies a risk, employers must (among other things) consider

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United Kingdom

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