Company could limit breastfeeding breaks to two hours

A healthcare worker on a two-part rotation applied for unpaid leave from 19.00 to 23.00 on evening shifts for three months. She submitted a doctor’s note recommending that the company facilitated her breastfeeding her child. However, the note did not specify a need for four hours. The company approved two hours of unpaid time off for breastfeeding as it considered four hours excessive.

The Dispute Resolution Board agreed that two hours met the actual time needed for breastfeeding. It noted that the request could not include time off for other tasks, such as getting the child to sleep and managing the home. The Board added that the rules include the right to time off for breastfeeding but do not define any time limits. However, the rules do state that the time off must be used for breastfeeding. The rules include examples of at least half an hour twice a day, but more time can be granted if necessary.

IUNO’s opinion

This decision shows that it can be difficult to manage requests for unpaid time off for breastfeeding under the Equality and Anti-Discrimination Act. Although it’s possible to push back on requests, the child’s needs are still decisive. That said, companies do not need to accept time off requests for handling other tasks than breastfeeding.

IUNO recommends that companies assess applications for time off for breastfeeding on a case-by-case basis. If it is unclear whether the time is spent breastfeeding, it is possible to require a doctor's note if that is what it takes to get a balanced approach supporting both the employee's and the company’s needs.

[The Dispute Resolution Board's decision of 19 March 2025 in case 26/25]