The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Breastfeeding Supporting Staff Policy Version No.: 2.1 Effective From: 20 June 2018 Expiry Date: 30 June 2020 Date Ratified: 03 January 2018 Ratified By: EPPCG & HR Heads of Department 1 Introduction The Trust is committed to the promotion and facilitation of breastfeeding. It recognises each individual s right to be able to choose how to feed their baby and to be able to breastfeed their baby for as long as they wish to do so. There are recognised benefits for both parent and baby from exclusive breastfeeding for at least six months and continued breastfeeding along with other foods for as long as the parent wishes to do so. The Trust is committed to providing support to employees who are pregnant or new parents/intended parents. No employee will receive less favourable treatment on the grounds of their age, disability, race, nationality, ethnic origin, sex, sexual orientation, religion and belief, gender identity, marriage and civil partnership or pregnancy and maternity. 2 Scope This policy applies to all Trust employees, Contractors working within and on behalf of the Trust including Locum and Bank Staff, and applies to all breastfeeding parents, including those who have a child or are expecting a child through a surrogacy arrangement. 3 Aims This guide has been produced to enable staff to breastfeed their baby following returning to work after maternity leave and provides guidance to managers and employees and should be read in conjunction with the Pregnant Workers Policy. 4 Duties (Roles and responsibilities) 4.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide compliance with policy. 4.2 Directorate managers and heads of service are responsible to the Executive Team for ensuring policy implementation. 4.3 Managers are responsible for ensuring policy implementation and compliance in their area(s). Page 1 of 6
4.4 Staff are responsible for complying with policy. 5 Definitions 5.1 Breastfeeding parent/intended parent shall mean an employee or worker who is breastfeeding and who informs their employer. Ideally, managers should be informed at the earliest opportunity in order to provide optimum support. 5.2 Breastfeeding refers to the method of feeding a baby with milk directly from the parent's breast. 5.3 Expressed breast milk refers to milk that has been expressed directly from the parent s/intended parent s breast by hand or by a mechanical breast pump. 5.4 A Breast pump refers to a mechanical pump (which may be electrical) that is used to obtain breast milk from the parent/intended parent when required. 5.5 Formula milk refers to cow s milk that has been artificially manufactured to feed babies as an alternative to breast milk. 6 Returning to Work 6.1 The Management of Health and Safety at Work Regulations 1999 apply to pregnant employees, but also employees who return to work (or start work) within six months of giving birth and those who are breastfeeding. The duty to assess any associated risks applies for as long as the parent/intended parent chooses to breastfeed. Managers must ensure that all employees who return to work (or start work) and are breastfeeding are given a risk assessment before returning to/starting work to ensure the safety and well- being of both the parent and their baby. See the Pregnant Workers Policy. 6.2 The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) requires an employer to provide suitable and sufficient facilities for workers who are pregnant or breastfeeding to rest. 6.3 The Pregnant Workers Directive 92/85/EEC provides measures to protect pregnant workers and workers who have recently given birth or are breastfeeding against the risks related to chemical, physical and biological agents, to certain industrial processes, to certain movements and postures and to physical and mental stress and bans outright their exposure to certain chemical, physical and biological agents.. 6.4 All breastfeeding parents/intended parents joining the Trust or returning to work for the Trust must contact their Manager to confirm their intention to breastfeed. The Manager will then contact the Health and Safety Team to ensure an appropriate risk assessment takes place. Page 2 of 6
7 Employer s Responsibilities 7.1 Managers are expected to ensure employees have been informed of the rights provided under this policy in order to support parents/intended parents and to foster a positive attitude towards breastfeeding. 7.2 Managers are expected to ensure employees are offered support on returning to work if they wish to breastfeed. A discussion will be offered regarding any special working arrangements that may aid an employee to continue breastfeeding, with due consideration of the individual s job role and service needs. Flexible working requests will be considered in accordance with the Flexible Working Arrangements Policy. 7.3 Managers are expected to ensure that employees have access to a private facility that has dishwashing facilities, a comfortable chair, an electric power point and space to store expressing equipment available. Trust facilities are identified in paragraph 9 below. 7.4 Managers must ensure a risk assessment is undertaken, in conjunction with Health and Safety. 8 Employees Responsibilities 8.1 All employees who plan to return to work breastfeeding following maternity leave or commencement in post must provide the Trust with prior written notification of their intention to do so. This should be done at the earliest opportunity in order for appropriate support and facilities to be arranged. The Trust will carry out a thorough risk assessment in accordance with the Pregnant Workers Policy and make any necessary arrangements in preparation for the transition back to work in accordance with paragraph 6 above. 8.2 In addition, it will be the employee s responsibility to: provide their own equipment to express and contain their breast milk ensure the safe storage, labelling and disposal of any unused breast milk notify their line manager of any concerns or problems that they experience in relation to breastfeeding and working conditions ascertain before their return to work the most appropriate facility in which to breastfeed or express their breast milk contact the infant feeding co-ordinator in Women s Services if advice or support is required 9 Breastfeeding Facilities in the Trust 9.1 Breastfeeding rooms are available in the following areas: Royal Victoria Infirmary - Maternity Ante Natal Clinic - New Victoria wing, level 2 Claremont wing entrance Page 3 of 6
- New Victoria Wing, level one by the reception area Freeman Hospital - NCCC/Renal near reception - Staff with children at the Trust s Free spirits nursery are offered facilities to breastfeed their child within the nursery and are supported to provide expressed breast milk where they chose to. 9.2 These rooms may also be used for the expression of breast milk by staff. 9.3 Any concerns regarding availability or suitability should be discussed initially with the line manager. 9.4 Staff or managers may wish to identify and agree an alternative room in their own work area that may be more appropriate. 9.5 Alternative facilities are available across the trust and in community facilities - please contact the Infant Feeding Coordinator for additional information. 10 Expression and storage of Breast milk 10.1 The Trust s Expression, Storage and Administration of Expressed Breast Milk Policy should be followed to ensure safe practice. 10.2 Breast milk should only be stored in a designated breast milk fridge. The following sites are available for staff to store expressed milk: Royal Victoria Infirmary Leazes wing-ward 32 New Victoria wing- ward 1 Freeman Hospital PICU Community contact the Infant Feeding Coordinator, available via Switchboard, for specific advice. 10.3 Breast milk stored in a designated breast milk fridge must be labelled with the employee s: name date of birth the date and time breast milk was expressed mark the container clearly as staff ward or area of work 10.4 Employees are responsible for notifying the Sister/Charge Nurse of the relevant Ward that they intend to store their milk in the fridge. The Ward Sister/Charge Nurse is responsible for ensuring that appropriate Page 4 of 6
arrangements are in place to ensure the safe storage of the breast milk whilst it is stored on their ward. 11 Training All staff will be provided with training in relation to this policy appropriate to their position. The Infant Feeding Coordinator (Maternity and Community) is responsible for ensuring that the policy is maintained (in conjunction with HR), distributed fully and for providing required staff training. 12 Equality and Diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way services are provided and the way staff are treated reflects their individual needs and does not unlawfully discriminate against individuals or groups. This policy has been properly assessed. 13 Monitoring Compliance with the Policy Standard / Process / Issue Employees wishing to apply for flexible working should do so in line with the Flexible Working Policy Employees requiring a risk assessment should be assessed in line with the pregnant workers policy Monitoring and Audit Method By Committee Frequency Reporting of information from audits (see flexible working policy) Comparison with HR maternity data Director of Human Resources Trust Health and Safety advisors Heads of Human Resources Trust Health and Safety committee Annually Annually 14 Consultation and Review of this Policy This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group. 15 Implementation of the Policy (including raising awareness) A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department. 16 References Management of Health and Safety at Work Regulations 1999 The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) The Pregnant Workers Directive 92/85/EEC 17 Associated documentation Adoption Leave and Pay Policy Expression, storage and administration of expressed breast milk policy Flexible Working Arrangements Policy Page 5 of 6
Maternity Services Document for Newborn Feeding Maternity leave and pay policy Pregnant Workers Policy Page 6 of 6
The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 09/01/2017 2. Name of policy / strategy / service: Breastfeeding Policy 3. Name and designation of Author: Karen Pearce, Senior Human Resources Manager (Projects) 4. Names & Designations of those involved in the impact analysis screening process: Rachel Holmes, HR Manager (Projects), Employment Policies and Procedures Consultative Group. 5. Is this a: Policy Strategy Service Is this: New Revised Who is affected: Employees Service Users Wider Community 6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy) This guide has been produced to enable staff to breastfeed their baby following returning to work after maternity leave and provides guidance to managers and employees. 7. Does this policy, strategy, or service have any equality implications? Yes No If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons: Breastfeeding Policy EA Page 1 of 4 October 2012
8. Summary of evidence related to protected characteristics Protected Characteristic Evidence i.e. What evidence do you have that the Trust is meeting the needs of people in various protected Groups related to this policy/service/strategy please refer to the Equality fact files available via the link below (add link) Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date) Does the evidence highlight any areas to advance opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date) Race / Ethnic origin (including gypsies and travellers) The Policy makes clear it is committed to providing all reasonable support to employees who are pregnant or new parents/intended parents. No employee will receive less favourable treatment on the grounds of their age, disability, race, nationality, ethnic origin, sex, sexual orientation, religion and belief, gender reassignment, marriage and civil partnership or pregnancy and maternity. Sex (male/ female) As above The policy necessarily applies to all breastfeeding employees of the Trust. Religion and Belief As above Sexual orientation including lesbian, gay and bisexual people Age Disability learning difficulties, physical disability, sensory As above As above As above Breastfeeding Policy EA Page 2 of 4 October 2012
impairment and mental health. Consider the needs of carers in this section Gender Reassignment Terminology amended to gender identity and reference to gender pronouns removed. Marriage and Civil Partnership As above Maternity / Pregnancy This policy is specifically aimed at this group in order to eliminate unlawful discrimination. The proportion of new parents/intended parents who start to breastfeed their babies has risen in the past five years from 76% to 81% across the UK, according to official figures. The Trust is looking to support workers by providing facilities upon return to work. The policy necessarily applies to all breastfeeding employees of the Trust. 9. Are there any gaps in the evidence outlined above. If yes how will these be rectified? 10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer. Do you require further engagement Yes No Breastfeeding Policy EA Page 3 of 4 October 2012
11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family life, the right to a fair hearing and the right to education? No, the policy aims to reiterate the human rights. PART 2 Signature of Author Print name Rachel Holmes Date of completion 09/01/2017 (updated 09/05/2017) (If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above, together with any suggestions for action required to avoid/reduce the impact.) Breastfeeding Policy EA Page 4 of 4 October 2012