Title
Exemption guidelines for workplace lactation
Law
Dole Department Order No. 143
Decision Date
May 20, 2015
DOLE Department Order No. 143, s. 2015 establishes guidelines for private establishments to apply for exemptions from setting up workplace lactation stations, allowing for a renewable two-year exemption if no nursing or pregnant employees are present.

Coverage of Exemptible Establishments

  • Establishments with no nursing or lactating employee.
  • Establishments with no pregnant employee.
  • Exemption only valid if no female clients visit or transact with the establishment.

Application Process for Exemption

  • Application is filed with the nearest DOLE Field Office having jurisdiction.
  • Requirements include an accomplished application form signed by authorized personnel and, for renewals, a copy of the previous exemption certificate.
  • Submission can be via personal service, courier, registered mail, or email, with two copies required for certain submission modes.

DOLE's Action on Applications

  • DOLE Regional Offices must act within 15 working days.
  • Verification and validation visits/interviews may be conducted.

Issuance and Validity of Certificate of Exemption

  • Certificate issued if application is complete and eligible.
  • Certificate must be displayed conspicuously within the establishment.
  • Valid for two years and renewable.
  • Certificate may be revoked if exemption conditions change.

Handling of Disapproved Applications

  • Reasons and recommendations must be indicated and application returned.
  • DOLE assists establishments to comply by setting up lactation stations or adopting equivalency guides.
  • Consultation with workers to develop breastfeeding-supportive workplace policies.
  • Warning of sanctions under RA 10028 for failure to establish or observe lactation provisions.

Monitoring, Reporting, and Record-Keeping

  • DOLE regional offices maintain records of establishments with exemption certificates.
  • Continuous monitoring to ensure compliance with guidelines.
  • Regular reporting to the Bureau of Workers with Special Concerns.

Review and Effectivity of Guidelines

  • Guidelines to be reviewed within two to three years.
  • Guidelines take effect 15 days after publication in a newspaper of general circulation.

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