Question & AnswerQ&A (Republic Act No. 10028)
The short title of Republic Act No. 10028 is the "Expanded Breastfeeding Promotion Act of 2009."
The State adopts rooming-in as a national policy to encourage, protect, and support the practice of breastfeeding, creating an environment that fulfills the basic physical, emotional, and psychological needs of mothers and infants.
Rooming-in is the practice of placing the newborn in the same room as the mother right after delivery up to discharge to facilitate mother-infant bonding and initiate breastfeeding. The infant may share the mother's bed or be placed in a crib beside the mother.
All health and non-health facilities, establishments or institutions shall establish lactation stations equipped with a lavatory for hand-washing, refrigeration or cooling facilities for storing expressed breastmilk, electrical outlets for breast pumps, a small table, comfortable seats, and other items as defined by the Department of Health. The lactation station shall not be located in the toilet.
A nursing employee is any female worker, regardless of employment status, who is breastfeeding her infant and/or young child.
Nursing employees shall be granted break intervals of not less than a total of forty (40) minutes for every eight (8)-hour working period, counted as compensable hours worked, to breastfeed or express milk.
Penalties include: First offense - a fine of not less than Php50,000 but not more than Php200,000; Second offense - a fine of not less than Php200,000 but not more than Php500,000; Third offense - a fine of not less than Php500,000 but not more than Php1,000,000 and cancellation or revocation of business permits or licenses to operate.
The Department of Health is principally responsible for the implementation and enforcement of the Act, including setting standards for facilities, issuing certifications for 'working mother-baby friendly' establishments, conducting education and training programs, and leading public education and awareness efforts.
Expenses incurred by private facilities in complying with the Act are deductible for income tax purposes up to twice the actual amount incurred in the taxable period when expenses were incurred. Facilities must secure a 'Working Mother-Baby-Friendly Certificate' from the Department of Health to avail of this incentive.
The Department of Education, the Commission on Higher Education, and the Technical Education and Skills Development Authority shall integrate breastfeeding education into relevant subjects at the elementary, high school, and college levels, especially in medical and allied medical courses, including technical vocational education.