Curaçao Taking Steps towards Gender Equality: Lactation Laws

According to the 24th edition of the 2012 Journal of Laws, a law passed titled the ‘Lactation Law.’ Essentially, this new law, is not per se new, but an amendment to the existing pregnancy law in Book 7A of the Civil Code of Curaçao. The changes set Curaçao ahead of several countries in the region and the law is similar progressive laws passed in other developed countries in Europe with the intention to support women in the workforce, and bridge the gender gap that exists in the workforce.

Text Vanessa Vrolijk                 

What Changed?
First of all, pregnancy leave has been extended to fourteen weeks total, including six weeks prior to when the baby is due and eight weeks after the baby’s birth. The way in which weeks are divided is left to the discretion of the employer and employee.

Secondly, the new law includes a lactation that might confuse employers and therefore needs further clarification. Essentially, the second part of the updated law includes:
• The employee, who has given birth, is entitled to a maximum of 25% of their total working hours as per contract, to either go to her infant and breastfeed the newborn; or to use that time for expressing breast milk for the infant, for up to 9 months after having given birth.
• The employer is obliged to make space available to provide the new parent with a place where they are able to express breast milk or feed the baby. While the law calls for an ‘adequate’ space, discussion continues as to what is meant with ‘adequate.’

While the term ‘adequate’ might provide for initial confusion, essentially the purpose of the law, to support women in the workforce when they have just had a baby, would solve this problem. Should a mother decide to breastfeed the baby, they should not be denied the opportunity to do so because their workspace or employer does not ensure that the ‘adequate’ conditions are in place. For the women that make the choice to breastfeed, they are not restricted from doing this because of working conditions.

Adequate Space
So what does an adequate space entail? Rest be assured it does not mean you have a remodeling job on your hands if you don’t want to! The basics are doable for any budget. Here are the basic requirements, with some tips for alternatives: • Privacy: Basically, the space needs to provide the employee who wishes to express milk with privacy. A public kitchenette, lunch room or board room with people walking in and out unannounced are therefore not appropriate options. So what is? Maybe you have an unused office or meeting room or any kind of room with a door that you can close and/or lock. In case locking said room is not possible, announcing to the rest of the staff, that when a specific sign is on the door, that privacy is in order. It usually takes about 20 to 40 minutes to express milk. Making other employees aware that the room is being used in privacy, will assist the person in the process of expressing milk. Knocking or putting the employee under pressure to express milk will not help the person speed up the process, and under this law, can also be categorized as harassment.

Hygiene
The space needs to be hygienic. A dirty space, apart from not being conducive to helping the expression of milk along, can pose health hazards to the employee and the baby. Ensure that the space is free of trash, dirt, or anything that could harm mother or baby.
• Amenities
• A comfortable chair at the very least;
• Power outlets for both 220V and 110V: some milk expression equipment are electronic and require power to operate;
• Comfortable temperature: usually this means air-conditioning considering Curaçao’s climate, especially during certain times of year;
• Functioning light fixtures and window covers (curtains, blinds etc.);
• No cameras;
• A freezer or freezer compartment in a fridge, or at the very least a cooler with ice to store the expressed milk.

At the risk of overstating the obvious, a toilet or restroom does not in any way qualify as ‘adequate’.

If you have no spare space whatsoever, not even temporarily, you can always appoint a specific office, your office as boss or owner, usually qualifies in a pinch. Remember, that this is neither a permanent situation nor all day.. If you have any questions on the above or any other related questions, contact the Fundashon Lechi di Mama Kòrsou, a volunteer organization that will be able to answer your questions, as employer or employee, on all things breastfeeding as well as helping in setting up an adequate space as presented above, completely free of charge.

New Pregnancy Law
1. Extends pregnancy leave to 14 weeks
2. 25% of working hours given to employee to allow for breastfeeding and/or expressing Milk

For more information, contact FLMK at +599 9 747 5852 or +599 9 662 5852,
email fundashonlechimama@gmail.com Or Facebook Fundashon Lechi di Mama Kòrsou.