Question & AnswerQ&A (DOLE Department Order No. 143)
The order provides guidelines governing the exemption of private establishments from setting up workplace lactation stations as mandated by Republic Act No. 10028 and its Implementing Rules and Regulations.
A lactation station is a private, clean, sanitary, and well-ventilated room or area in the workplace where nursing mothers can wash up, breastfeed, or express milk comfortably and store it afterward.
A nursing employee, or lactating employee, is any female worker, regardless of employment status, who is lactating or breastfeeding her infant and/or young child.
An establishment may apply for exemption if it has no nursing or lactating employees or no pregnant employees at the time of application, and provided no female clients visit or transact with the establishment.
The application should be filed at the nearest Field Office of the Department of Labor and Employment having jurisdiction over the establishment.
The documents required are a duly accomplished application form signed by the owner/president/manager or authorized representative, and a copy of the certificate of previous exemption if applying for renewal.
The DOLE Regional Office shall act within fifteen (15) working days from the date the application is received.
The DOLE Field Office will indicate the reasons in the application form, return it to the applicant, advise compliance including setting up a lactation station or adopting equivalency measures, and inform the establishment of possible administrative sanctions under RA 10028.
The certificate of exemption is valid for two years and must be displayed conspicuously at the establishment premises.
Yes, the certificate can be revoked anytime within the two-year period if the conditions for exemption (such as having no nursing or pregnant employees) are no longer met.
The law mandates paid or compensable break intervals not less than 40 minutes for every 8-hour working period specifically for breastfeeding or expressing milk.
DOLE monitors implementation, keeps records of exempted establishments, ensures compliance with guidelines, and submits periodic reports to the Bureau of Workers with Special Concerns.
They must develop a workplace policy or clear guidelines that protect, promote, and support breastfeeding programs.
The DOH may impose administrative sanctions or penalties under RA 10028 on private establishments for unjustifiable refusal or failure to establish lactation stations and/or observe mandated lactation periods.
It took effect fifteen (15) days after its publication in a newspaper of general circulation following its filing on May 28, 2015.