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New rules for breastfeeding leave in 2023
Breastfeeding time is counted from one year after the baby is born. In this year, female employees can enjoy 0.5 hours of breastfeeding time twice a day, which can be combined into 1 hour. In other words, female employees can leave work one hour earlier or work one hour at night (breastfeeding leave includes artificial feeding). In addition, in the case of multiple births, the breastfeeding time increases by 1 hour every day for every additional 1 baby.
Conditions that must be met to establish breastfeeding leave for female employees:
1. First of all, it is difficult for female employees to go to work after giving birth, and their positions allow them to leave in stages;
2. Secondly, the female employee herself requests breastfeeding leave and applies for it;
3. Finally, the company agreed to leave.
To sum up, if a female worker gives birth in accordance with the family planning regulations and has difficulty in raising a baby after the maternity leave expires, she can take breastfeeding leave upon her own application and approval by the leader. Breastfeeding leave is a right that every mother should enjoy.
Legal basis:
Article 9 of the Special Provisions on Labor Protection of Female Workers
The employing unit shall not extend working hours or arrange night shift work for female employees who are breast-feeding infants under 1 one year old.
The employer shall arrange 1 hour breastfeeding time for lactating female employees during daily working hours; If the female worker gives birth to multiple births, the breastfeeding time will increase by 1 hour every day for every additional 1 baby.
Article 10
Employers with a large number of female employees shall, according to the needs of female employees, establish facilities such as female employee health rooms, pregnant women's lounges and breastfeeding rooms. , properly solve the difficulties of female workers in physical hygiene and breastfeeding.
Article 29 of the Labor Law of People's Republic of China (PRC)
The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the employee is under any of the following circumstances:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(3) Female employees during pregnancy, childbirth and lactation;
(4) Other circumstances stipulated by laws and administrative regulations.
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