Dáil Éireann Debate, Tuesday - 23 April 2024
287. Deputy Pa Daly asked the Minister for Education the extra resources she has dedicated to implementing the new policy on breastfeeding breaks for teachers; and if she will make a statement on the matter. [17524/24]
Amharc ar fhreagraBreastfeeding Breaks for teachers are regulated by Section 9 of the Maternity Protection (Amendment) Act 2004, as amended by the Work Life Balance and Miscellaneous Provisions Act 2023.
The current provisions for breastfeeding breaks for teachers are set out in Circular 52/2023 titled ‘Breastfeeding Breaks for Registered Teachers employed in Recognised Primary and Post Primary Schools’. This Circular states:- "Within a 104 week period after the birth of the child, a teacher who has returned to work may avail of breastfeeding breaks without loss of pay for up to one hour per day for the purpose of breastfeeding or lactation. Breastfeeding breaks may be taken in the form of:- a) one break of 60 minutes, or b) two breaks of 30 minutes each, or c) three breaks of 20 minutes each.
Under existing legislation, the Maternity Act 2004 (as amended) states the following in relation to Breastfeeding Breaks within a 104 week period of the birth of the child: 15B.—(1) An employee who is breastfeeding shall be entitled, without loss of pay, at the option of her employer to either— (a) time off from her work for the purpose of breastfeeding in the workplace in accordance with regulations made under this section by the Minister where facilities for breastfeeding are provided in the workplace by her employer, or (b) a reduction of her working hours in accordance with regulations made under this section by the Minister for the purpose of breastfeeding otherwise than in the workplace. (2) An employer shall not be required to provide facilities for breastfeeding in the workplace if the provision of such facilities would give rise to a cost, other than a nominal cost, to the employer. In relation to the facilitation of breastfeeding breaks, there should be agreement between the employer (the Board of Management) and the teacher, taking account of the welfare and educational needs of the pupils. Circular 0052/2023 states:- "The pattern of breastfeeding breaks should be agreed following consultation between the employer and the teacher. Employers should take reasonable measures to facilitate the pattern of breastfeeding breaks as requested, while having due regard to the welfare and educational needs of pupils". Under the Education Act, the school Board of Management (the employer), appointed by the Patron of each recognised school, is responsible for the management of a school and its staff. The management of a school and its staff is not the responsibility of the Minister for Education or the Department.
