QuestionsQuestions (Republic Act No. 10028)
RA 10028 is known as the “Expanded Breastfeeding Promotion Act of 2009.”
The State adopts rooming-in as a national policy to encourage, protect, and support breastfeeding by creating an environment where the physical, emotional, and psychological needs of mothers and infants are fulfilled through rooming-in and breastfeeding.
Breastfeeding is the method of feeding an infant directly from the human breast; Breastmilk is the human milk from a mother.
Lactation stations are private, clean, sanitary, and well-ventilated rooms or areas where nursing mothers can wash, breastfeed or express milk comfortably and store it afterward; they must not be located in the toilet.
Its provisions apply to all private enterprises and government agencies, including subdivisions and instrumentalities, and government-owned and -controlled corporations.
Health and non-health facilities may be exempted for a renewable period of two (2) years from Section 6 upon application and determination by the Secretary of DOLE (private sector) or the Chairperson of the Civil Service Commission (public sector), considering factors like number of women employees, physical size, and average number of women who visit.
They must have lavatory for hand-washing (unless an easily accessible nearby), refrigeration or appropriate cooling facilities for storing expressed breastmilk, electrical outlets for breast pumps, a small table, comfortable seats, and other items defined by the Department of Health.
Facilities must take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within lactation stations, or in circumstances conducive to such promotion or marketing.
Nursing employees are granted break intervals in addition to meal time to breastfeed or express milk; these intervals (including travel time to/from the lactation station) are counted as compensable hours worked, but must not be less than 40 minutes total for every 8-hour working period.
DOLE may adjust the lactation intervals, subject to the statutory minimum total of at least 40 minutes for every 8-hour working period.
They must immediately and continuously teach, train, and support women on current and updated lactation management and infant care, using participatory strategies (e.g., mothers’ clubs and breastfeeding support groups) and distribute written information materials free of charge.
The Department of Education (DepEd), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA) must integrate breastfeeding education in relevant subjects in elementary, high school, college, and technical-vocational courses.
The month of August each year throughout the Philippines is declared as “Breastfeeding Awareness Month.”
The DOH may issue a “Working Mother-Baby-Friendly” certification to facilities that satisfy requirements on lactation stations; DOH must promulgate guidelines for eligibility and conduct annual inspection to confirm continued compliance, and it maintains a public list of certified establishments.
Compliance expenses are deductible for income tax purposes up to twice the actual amount incurred, applicable for the taxable period when incurred. Facilities must secure a “Working Mother-Baby-Friendly Certificate” from DOH to be filed with the Bureau of Internal Revenue before they can avail of the incentive.
On the first offense: fine of PHP 50,000 to PHP 200,000; second: PHP 200,000 to PHP 500,000; third: PHP 500,000 to PHP 1,000,000 plus cancellation or revocation of business permits or licenses to operate. The fine considers factors like number of women employees, physical size, and average women visitors.
The Department of Health (DOH) is principally responsible for implementation and enforcement.