The period after maternity leave ends is a time of significant change in the life of both mother and baby. Exclusive breastfeeding is essential until at least the 6th month of life, so what do you do if your leave ends but breastfeeding hasn’t?
What is Breastfeeding Leave – About the Law
A labor law was created to ensure the benefits for those who breastfeed and especially for those who are breastfed. According to CLT law art. 396, every mother must have two 30-minute periods each to breastfeed her baby until he or she is six months old1.
As in most cases it is not logistically possible to take these breaks for breastfeeding leave, the company usually allows the mother to leave work one hour earlier or lets her start one hour later to fulfill this right, resulting in a reduction of working hours for breastfeeding leave to be observed.
However, there is still a curious point that has become somewhat controversial. These two 30-minute periods combined would theoretically add up to an additional 15 consecutive days of maternity leave for the mother. Many people would claim this extra period, right? Some companies have adopted this practice, granting their employees two extra weeks at home to comply with the law.
Are Companies Required to Offer 15 More Days?
What few people know is that companies as a whole are not required to grant these additional 15 days of leave for breastfeeding2. The only exceptions are cases where the baby needs to remain hospitalized and this is supported by a medical certificate. It’s worth noting that accepting this certificate is at the employer’s discretion.
Who Pays for Breastfeeding Leave
Since the company does not get reimbursed by the SUS (public healthcare system) for these 15 days of breastfeeding leave. Normally, the woman receives an allowance during regular maternity leave, and companies are reimbursed for this amount. In the case of breastfeeding leave, these 15 days are not reimbursed and the company covers the costs.
Who Is Entitled to Breastfeeding Leave?
Every mother is entitled to breastfeeding leave, whether employed or self-employed. The difference is that self-employed mothers handle all the paperwork directly with the SUS while employees have company support. One of the best parts of the law is that adoptive parents are also entitled to breastfeeding leave! Any woman who has given birth or adopted a child may take maternity leave with two 30-minute periods each, except in cases where companies with over 30 female employees have a daycare or nursery to provide better support for the mother and child.
Citizen Company
There are companies that further support breastfeeding leave with a program that, in exchange for employee benefits, provides the company with a tax discount. The program is called “Citizen Company”3. In order for the company to benefit, the employee must request the extension of maternity leave as well as breastfeeding leave from her employer. See more on this topic on the Federal Revenue website.
Protect your right and your baby’s right. Breastfeeding leave is everyone’s right! Do you have extra breast milk? Do you know a mom who is breastfeeding? Donate or encourage the donation of breast milk; support newborns through the Donate Bottles of Life campaign!
Check also: How to Increase Breast Milk – Start of Breastfeeding
