INTRODUCTION
Mothers have a hard time when it comes to having a safe space to breastfeed their newborns especially in a public set up. This BREASTFEEDING MOTHERS BILL,2024 tabled before the National Assembly has proposed interesting provisions to ensure that a lactating mother is not discriminated at work or in public. August 1-August 7 marked the world breastfeeding week.
Some of the provisions are discussed below:-
A woman who has a baby may breastfeed or express breast milk at a lactation place in the workplace.
Every employer is required to establish a lactation place that should:-
(a) be shielded from view and be free from intrusion from co-workers
(b) be clean, quiet, private and warm
(c) not be a bathroom or toilet
(d) have a lockable door
(e) have a wash basin
(f) have a fridge for storing expressed milk
(g) have a provision for an electric outlet and lighting
(h) have a chair, table and a clean space to store equipment
An employer, who establishes a lactation place for breastfeeding purposes which is conducive and safe for the baby. The employer ought to consider the baby’s cognitive, emotional, social and language abilities. Failure of which the employer is liable to pay a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both.
A breastfeeding mother shall only use the Breastfeeding lactation place during working hours for breastfeeding or expressing milk.
A breastfeeding mother may apply for a flexible work arrangement from the employer for the purposes of breastfeeding or expressing breast milk for the baby. This work arrangement ought to specify the number of hours the employee is to work, type, number of work assignments and the exact location of where the employee is to work . The employer is to respond in 14 days to accept the application or give reasons as to why the it was rejected if so.
No person is to discriminate a woman on any ground including pregnancy, childbirth, breastfeeding, or any other maternity related condition, in accessing employment opportunities or benefits.
A person who leases a public or private building of minimum occupancy capacity of fifty persons, shall install a baby changing facility. It should be clean and private, have a baby changing table, a waste bucket and signs indicating its location.
A woman may breastfeed her child in public and should not be construed as an indecent act.
CONCLUSION
In realization of gender equity and safe spaces for mothers in our society,it is important to ensure that all views are represented. I urge the lawmakers to pass the bill into law. It will prove greatly beneficial to all mothers.
NEED ANY LEGAL INQUIRIES?
Ruth Rotich & Company Advocates are legal experts on matters pertaining to gender law. We don’t hesitate to provide quality and tested legal services and consult.
We will be more than glad to receive your feedback and input to offer excellent services to your satisfaction.
