It is every employer’s dream to run an organisation free from misconduct or frequent absences, as these issues directly impact productivity. Whether this happens at the departmental or individual level, the effects are ultimately felt across the organisation because departments and sections depend on each other. In the case of authorised absences, employers attempt to manage them by implementing appropriate measures. To clarify, when we refer to “authorised absences,” we mean leaves such as annual, sick, and maternity leave. These types of leave are detailed in the Employment Act, which provides minimum employment rights. Human Resources policies and procedures are typically aligned with the provisions of this Act, including the leave policy.
Among the types of leave, annual leave is easier to control through leave planning, as it requires approval. Section 98(2) of the Employment Act confirms this by stating, “every employer shall grant to every employee employed by him leave with basic pay at the rate of not less than 1.25 days per month.” The keyword here is “grant,” indicating that it must be approved. Sick leave, on the other hand, is unpredictable for both the employee and employer, while maternity leave is only unpredictable for the employer. Everything related to maternity leave, such as maternity allowance and nursing hour, can only be planned after the pregnancy is confirmed.
This article seeks to uncover the lesser-known facts about nursing hour. Read on!
The law
Let’s begin with the definition of an employee. Section 2 of the aforementioned Act defines an employee as “any person who has, either before or after the commencement of this Act, entered into a contract of employment for the hire of his labour…” Section 112 of the same Act stipulates that “every female employee shall be entitled to the benefits conferred by this Part.” This refers to Part XII: Employment of Females. Further, Section 118(1) of the Act states that “where a female employee wishes to suckle her child or otherwise feed him herself, the employer shall permit her to do so for half-an-hour twice a day during the hours of work for six months immediately after her return to work, pursuant to the provisions of this Part, following her confinement, and shall pay her, her basic pay in respect of each such period as if it were ordinary working time: provided that the two half-an-hour feeding periods may be aggregated and taken as one continuous hour, at the option of the employee and in agreement with the employer.”
Now, let’s delve into the issue at hand.
The facts
Fact 1: The definition of an employee does not exclude interns, employees on probation, or those on fixed-term contracts. This means that these groups are equally entitled to the nursing hour benefit.
Fact 2: The entitlement to nursing hour is linked to successful confinement, defined by Section 2 of the Act as the “delivery of a child.”
Fact 3: Nursing hour is granted only after a request is submitted by a female employee. This means that the employer is not legally obligated to provide nursing hour unless it is formally requested, as highlighted in Section 118(1) of the Act.
Fact 4: Nursing hour is not limited to breastfeeding. An employee who wishes to bottle-feed their child is also entitled to this benefit. Employers who fail to comply may be liable to a fine not exceeding P1,500, imprisonment for a term not exceeding 12 months, or both.
Contacts
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