ShePrep

Breastfeeding and Returning to Work

UK law gives no automatic right to paid breastfeeding breaks, but tell your employer in writing and they must risk assess and provide somewhere suitable to rest. Ireland is different: one paid hour a day for up to 104 weeks after birth. Neither country accepts a toilet as a suitable space.

You do not have to choose

The NHS answers the underlying question first: if you are returning to work, education or training, continuing to breastfeed is "completely possible and many women do it." What that looks like varies enormously — some feed morning and night only, some express at work, some combination feed, and all of those are continuing to breastfeed.

The UK legal position, without the spin

Start with what the law does not give you. Working Families, the UK charity specialising in this area, states it plainly: "UK statutory employment law does not give a right to paid breastfeeding breaks, or other specific rights around arrangements which might be needed to facilitate breastfeeding (or expressing milk) during work."

What you do have sits in health and safety law and equality law, and most of it is unlocked by one action. "You should inform your employer in writing that you are breastfeeding in order to benefit from legal protections." Verbal notice is not enough. Put it in an email.

Once notified, your employer's duties bite. Working Families points to Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992, which "specifies that employers must provide breastfeeding women suitable facilities to rest." Where working conditions create a risk to your milk or to your ability to keep breastfeeding, a risk assessment should be carried out and the risks removed.

On location, both the NHS and Working Families are unequivocal. Working Families says toilets "are not regarded as suitable." The NHS puts it memorably: "You wouldn't prepare your own food in a public toilet, so you shouldn't have to prepare your baby's there either."

Equality law is the backstop. Working Families notes that since 1 January 2024 it is direct sex discrimination to treat a woman less favourably because she is breastfeeding. Separately, the right to request flexible working — different hours, different days, compressed or shorter shifts, or homeworking — is a statutory route that many people find more useful than break arrangements.

The NHS's own summary of the duty

The NHS states that your employer is legally required to provide a place for you to rest if you are breastfeeding, but that they are not required to provide a space specifically to breastfeed. That distinction is why asking is worth doing: many employers will find a room, but the obligation you can point to is the rest facility.

Ireland is a different country, legally

If you work in Ireland, the entitlement is concrete. Citizens Information sets it out: if you are working and breastfeeding you are entitled to "take 1 hour off work (with pay) each day as a breastfeeding break for up to 2 years (104 weeks) after birth." That hour can be taken as one break or split into shorter ones.

Where suitable facilities exist, you can breastfeed or express at work; where they do not, your working hours are reduced without loss of pay instead. Part-time workers get the entitlement on a pro-rata basis, and your employer cannot deduct pay for the time. The right sits in Section 9 of the Maternity Protection (Amendment) Act 2004, as amended by the Work Life Balance and Miscellaneous Provisions Act 2023.

There is a notice requirement here too: you must notify your employer in writing of your intention to breastfeed at work, confirming it at least four weeks before you return from maternity leave. Employers can ask for the child's birth certificate.

Planning the practical side

The NHS's suggestions are the sensible sequence. Tell your employer before your first day back, and involve HR if there is one. Ask about flexible options — part time, homeworking, shorter days, or fewer longer days. And do a few trial runs of the new routine before you actually go back, so neither of you meets it cold on day one.

If you are expressing at work, the NHS suggests you might need to express "at least every 3 hours when you're first away from your baby", and that being relaxed and comfortable is the largest variable. Practise with your pump at home before you rely on it in an unfamiliar room.

A workable kit list: a pump with spare parts, a cool bag with ice blocks, storage bottles or bags, spare breast pads, a spare top, and a way to wash parts or a clean bag to take them home in. Fridge access is ideal; a cool bag is the fallback.

Partial breastfeeding is the common outcome

The NHS describes partial breastfeeding as breastfeeding when you are at home and expressing while at work, so your baby drinks your milk the next day. Many people end up somewhere on that spectrum, and some drop pumping entirely and feed only outside working hours — supply usually adjusts to that pattern, especially after the first year.

Reverse-cycling, where a baby takes less during the day and feeds more in the evening and at night, is very common after a return to work. It is inconvenient rather than a problem, and it is one reason night feeds often continue longer for babies whose parents work.

If your workplace is not cooperating

Put the request in writing, quote the rest-facilities duty and the risk assessment, and keep the correspondence. La Leche League GB publishes a plain summary of the legal rights of breastfeeding mothers returning to paid employment, which is useful to attach. Acas guidance on returning to work after having a baby is the standard neutral reference for UK employers. A union representative, if you have one, will usually resolve this faster than an escalation.

When to get help

Ask a breastfeeding specialist or your health visitor if:

  • Your supply drops noticeably in the weeks after you return.
  • Your baby refuses a bottle or cup and your return date is close.
  • You get blocked ducts or engorgement from missed expressing sessions.
  • You want to reduce feeds deliberately rather than let them drop unplanned.

Where to get real help

In the UK the National Breastfeeding Helpline is 0300 100 0212, run by the Breastfeeding Network and the Association of Breastfeeding Mothers, and open every day of the year. La Leche League GB runs local groups and a helpline, and publishes specific guidance on working and breastfeeding. In Ireland the HSE offers an "Ask our breastfeeding expert" live chat and email service.

Sources

  1. Breastfeeding and returning to work NHS Best Start in Life, accessed
  2. Returning to work while breastfeeding: a guide to the law Working Families, accessed
  3. Breastfeeding (rights at work in Ireland) Citizens Information (Ireland), accessed
  4. What legal rights do breastfeeding mothers have when returning to paid employment? La Leche League GB, accessed
  5. Working and Breastfeeding La Leche League GB, accessed
  6. Returning to work after having a baby Acas, accessed