Law Summary
Definitions of Key Terms
- Terms defined include:
- Age of gestation, bottlefeeding, breastfeeding, breastmilk, breastmilk substitute, donor milk, expressed breastmilk, expressing milk, formula feeding.
- Health institutions, health personnel, health workers.
- Infant (0-12 months), infant formula.
- Lactation management, lactation stations.
- Nursing employee, mother’s milk, non-health facilities, public place, rooming-in.
- Seriously ill mothers, wet-nursing, workplace, young child (12 months-36 months).
Scope and Applicability
- Applies to all private enterprises, government agencies, and government-owned corporations.
- Exemptions for lactation stations may be granted based on feasibility and specific workplace circumstances.
- Exempted establishments that opt to comply are entitled to benefits and must allow employee access to facilities.
Facilities for Breastmilk Collection in Health Institutions
- Health institutions practicing rooming-in and breastfeeding must provide facilities and equipment for breastmilk collection, storage, and utilization.
- The Department of Health will set standards for these facilities.
- Encouragement for milk banks to store pasteurized donor milk for infants whose mothers are seriously ill.
Establishment of Lactation Stations
- All health and non-health facilities must establish lactation stations with specified equipment and facilities.
- Lactation stations must not be located in toilets and should include lavatories, refrigeration, electrical outlets, tables, and comfortable seating.
- Strict measures prohibiting promotion or marketing of infant formula and breastmilk substitutes in lactation stations.
- Facilities may provide additional services or items within lactation stations.
Lactation Periods and Work Breaks
- Nursing employees are entitled to additional break intervals beyond regular meal breaks to breastfeed or express milk.
- These breaks are compensable and must be at least 40 minutes for every eight-hour workday.
- The Department of Labor and Employment may adjust the break times.
Education and Training of Health Workers
- The Department of Health, with assistance from other entities, shall conduct continuing education and training for health workers on updated lactation management.
- Educational materials shall be provided to all health workers involved in maternal and infant care.
Information Dissemination and Support for Women
- Health institutions must provide continuous teaching, training, and support to pregnant and lactating women during prenatal, perinatal, and postnatal periods.
- Participation-based strategies like mothers' clubs and breastfeeding support groups are recommended.
- Health institutions must distribute free written information materials.
- The Department of Health will develop breastfeeding programs for working mothers.
- Employers are encouraged to create workplace breastfeeding support programs and provide relevant educational materials.
Integration of Breastfeeding Education in School Curricula
- The Department of Education, Commission on Higher Education, and Technical Education and Skills Development Authority shall integrate breastfeeding education in relevant elementary, high school, college, and vocational subjects.
- Emphasis is placed on importance, benefits, techniques, and societal attitudes toward breastfeeding.
Breastfeeding Awareness Month
- August shall be designated annually as Breastfeeding Awareness Month nationwide to promote and raise awareness of breastfeeding importance.
Public Education and Awareness Program
- A comprehensive national program aims to:
- Protect, promote, and support breastfeeding.
- Guarantee breastfeeding's social and national health policy role.
- Inform about breastfeeding benefits and risks of bottlefeeding.
- Enforce laws regulating marketing of breastmilk substitutes and feeding products.
- Ensure access to culturally appropriate lactation care and workplace support.
- The Department of Health leads interagency and multisectoral efforts to implement this program.
Certification of "Working Mother-Baby Friendly" Establishments
- Facilities satisfying lactation station requirements may apply for certification from the Department of Health.
- Certification guidelines include annual inspections to confirm compliance.
- A list of certified establishments will be publicly available.
Incentives for Compliance
- Private establishments can deduct expenses on compliance from income tax up to twice the amount incurred.
- Compliance is required within six months of the Act’s approval.
- Certification by the Department of Health is needed to avail of tax incentives.
- Government facilities receive additional budget appropriations equivalent to savings from compliance.
Designation of Implementing Agency
- The Department of Health is principally responsible for enforcing the Act's provisions.
Sanctions for Non-Compliance
- Private establishments failing to comply with lactation station requirements face escalating fines:
- First offense: Php50,000 to Php200,000.
- Second offense: Php200,000 to Php500,000.
- Third offense: Php500,000 to Php1,000,000 plus cancellation of business permits.
- Fines consider number of female employees, establishment size, and female visitors.
- The Secretary of Health may sanction health institutions by reprimand, censure, or suspension of permits for violations.
- Government officials violating the Act may face reprimand, suspension, or dismissal according to administrative rules.
Funding Provisions
- Government agencies shall use existing gender and development or maintenance budgets to comply with lactation station requirements.
Rules and Regulations Development
- The Department of Health will issue implementing rules within 120 days, coordinating with relevant government agencies and organizations.
Separability and Repealing Clauses
- Invalid provisions of the Act shall not affect the remaining provisions.
- Existing laws and regulations inconsistent with the Act are amended or repealed accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation, whichever is earlier.