Trevor Mallard
9 April, 2008
Protections for workers strengthened under new bill
New legislation that will enshrine into law workers' rights to rest and meal breaks and infant feeding breaks was debated at parliament for the first time today.
Labour Minister Trevor Mallard led the first reading of the Employment Relations (Breaks and Infant Feeding) Amendment Bill in the House.
"This bill reflects the Labour-led government's firm commitment to protecting low paid and vulnerable workers, and mothers who wish to breastfeed at work," he said.
"The bill amends the Employment Relations Act 2000 to require employers to provide appropriate facilities and breaks for employees who wish to breastfeed or express breast milk either at work or during work time. The bill also amends the Act to provide employees with rest and meal breaks. I want to acknowledge the hard work of Labour MP Sue Moroney, whose private members bill formed the basis for the rest and meal break provisions; and also of Labour's Steve Chadwick whose private members bill was the base for the infant feeding provisions.
"It may surprise many people that no statutory requirement for meal and rest breaks exists – and minimum entitlements to rest and meal breaks during a working period are already in the vast majority of collective agreements. However, anecdotal evidence suggests that the service and manufacturing sectors in particular and sectors where there are many vulnerable workers, may be providing less than minimum breaks. So the government is making sure that there is absolutely no doubt that these basic entitlements must be provided for."
Breastfeeding is critical to providing the best start for New Zealand infants and important to both infant and maternal health. It can also help employers in their staff recruitment and retention by helping mothers to return to paid work at a time of their choosing. All employers will be required to provide appropriate facilities and breaks for employees who wish to breastfeed or express breast milk either at work or during work time where reasonable and practicable, and taking into account their operational environment and resources. A code of employment practice will provide employers with guidance on how to uphold their obligations.
Under the proposed meal and rest break provisions, employees will be entitled to:
• one 10-minute rest break if they have worked four hours or less:
• one 10-minute rest break and one 30-minute meal break if they have worked between four and six hours; and
• two 10-minute rest breaks and one 30-minute meal break if they have worked between six and eight hours.
More details on the bill are in Trevor Mallard's first reading speech on www.beehive.govt.nz/mallard.