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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22976
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My wife has gone back to work after her maternity leave and

Customer Question

My wife has gone back to work after her maternity leave and the work place she is at has agreed that she can breast feed as well as try and get our daughter onto a bottle during the days. They have told her today that she has to be onto a bottle by monday only the second week she has been working there. She works in an Early childhood centre. Can they demand this?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.
They cannot do this and must provide proper facilities for breastfeeding. The Employment Relations Act says this expressly
69Y Employer’s obligation
(1)
An employer must ensure that, so far as is reasonable and practicable in the circumstances,—
(a)
appropriate facilities are provided in the workplace for an employee who is breastfeeding and who wishes to breastfeed in the workplace; and
(b)
appropriate breaks are provided to an employee who is breastfeeding and wishes to breastfeed during a work period.
(2)
For the purpose of subsection (1)(b), the breaks are paid only if the employee and employer agree that they are paid.
(3)
In subsection (1), circumstances includes—
(a)
the employer’s operational environment; and
(b)
the employer’s resources.
Expert:  Chris The Lawyer replied 10 months ago.
she cannot be told to revert to bottle feeding