How long is the legal breastfeeding period?

The breastfeeding period is very important for newborn babies, and every mother of a newborn baby also attaches great importance to this period. So how long is the breastfeeding period stipulated by law? Now let’s analyze in detail how the law stipulates the breastfeeding period.

How long is the legal breastfeeding period?

Laws and regulations stipulate that for children under one year old, the daily breastfeeding time is one hour.

Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that no enterprise may dismiss female workers or unilaterally terminate their labor contracts on the grounds of marriage, pregnancy, maternity leave, breastfeeding, etc.

Article 5 of the Regulations on Labor Protection for Female Employees requires that the basic salary of female workers shall not be reduced, nor shall the labor contract be terminated, during their pregnancy, delivery, or breastfeeding periods.

Suggestions on the Implementation of Multiple Issues of the Labor Law of the People's Republic of China Article 34 requires: Except for the circumstances required by Article 25 of the Labor Contract Law, the employer cannot terminate the labor contract when the employee is in the medical period, pregnancy, delivery and breastfeeding period, or when the labor contract expires. The term of the labor contract should automatically continue until the end of the medical period, pregnancy period, delivery period and breastfeeding period.

Article 29 of the Labor Law of the People's Republic of China stipulates that if an employee has any of the following circumstances, the employer may not terminate the labor contract in accordance with the requirements of Articles 26 and 27 of this Law: (3) Female employees are in the period of pregnancy, delivery, or breastfeeding.

Article 20 of the Ministry of Social Security's "Answers to Policy Questions on Handling Labor Disputes": How to understand the requirements of Article 4 of the "Regulations on Labor Protection for Female Employees" Answer: Article 4 of the "Regulations on Labor Protection for Female Employees" requires: "The basic salary of female workers shall not be reduced, nor the labor contract shall be terminated during their pregnancy, delivery, or breastfeeding period." Regarding this matter, in 1989 the Ministry of Social Security required in the “Answers to Questions on Labor Protection Provisions for Female Employees” (Labor Safety (1989) No. 1) that “for female workers who implement the labor contract system, if the contract has not expired, neither the company nor the individual may terminate their labor contract on the grounds of pregnancy, childbirth or breastfeeding.” In 1990, the Policy Research Office of the Ministry of Social Security further established in the "Reply to the Request for Instructions on the Termination and Cancellation of Labor Contracts of Female Employees in Foreign-Invested Enterprises during Pregnancy, Delivery and Breastfeeding Periods" (Labor Office Planning No. (1990) 21) that "For female workers implementing the family planning policy, even if the validity period of the labor contract expires during the 'three periods', their labor contracts will not be terminated and must be continued until the end of the breastfeeding period." When resolving labor arbitration issues arising from female workers during the "three periods", the above relevant policies, regulations and documents should be fully understood and available.