Author: Laura Valderrama
Regarding the recent normative regulation of extension of paid rest during the lactation period in favor of the workers applicable during the work day with the recent law 2306 of 2023, previously we must know the regulatory background in our Colombian regulation in terms of:
- Law 1823 of 2017 Strategy for the adoption of family-friendly rooms for breastfeeding in the work environment in public and private entities.The Congress of the Republic regulates the aforementioned regulations with the purpose and scope of implementation of friendly rooms in the workplace within the framework of article 238 of the Substantive Labor Code, and that its creation does not exonerate the employer to recognize and guarantee Paid rest for breastfeeding, in which the mother can make use of the flexible working day to travel to the place of residence or do so at the workplace.
Application of friendly rooms of private entities:To private sector companies with capitals equal to or greater than 1,500 minimum wages or those with capitals less than 1,500 minimum wages with more than fifty (50) workers.
Deadline for implementation of friendly rooms for public and private entities with more than 1,000 employees:They will have a period of two (2) years for the adequate physical lactation-friendly rooms, that is, the period is mandatory from January 5, 2019 Counted from the validity of Law 1823 of 2017.
Deadline for implementation of friendly rooms of private entities with less than 1,000 employees:They will have a period of five (5) years for the adequate physical lactation-friendly rooms, that is, the period is mandatory from January 5, 2022 Counted from the validity of Law 1823 of 2017.
Application of tax benefits or incentives to private companies that adopt friendly rooms subject to regulation by the Ministry of Finance according to article 6 of Law 1823 of 2017.
- Resolution 2423 of 2018 of the Ministry of Health and Social Protection: Technical parameters for the operation of strategies for family-friendly rooms for breastfeeding in the workplace with scope of application public and private entities with capitals equal to or greater than 1,500 current legal monthly minimum wages or those with lower capitals with more than fifty (50)
General Requirements Operation of Friendly Rooms in the workplace:
- Appointment of a person responsible for the strategy and administration of the physical space
- Implementation of a training plan with its schedule and registration, aimed at pregnant women and lactating mothers with alternatives for the participation of the father of the family, and that must be carried out three (3) times a year with a minimum of thematic aspects of benefits short and long term breastfeeding, breastfeeding techniques or, extraction, conservation and transport and supply of breast milk.
- Inclusion in the induction processes of the existence of rooms that are friendly to the nursing family in the work environment and its importance of promotion, protection and benefits in the company.
- Arrangement of internal dissemination mechanisms.
Special requirements for the Operation of Friendly Rooms in the work environment: Companies must adapt and provide a private space with easy access so that lactating workers can extract and preserve human milk, having a minimum of infrastructure in terms of locating a private and exclusive place, free of pollution, noise, humidity, not near unsanitary places, garbage or waste, maintenance of a clean and orderly environment, added to environmental characteristics according to the number of lactation employees, adequate conditions of ventilation, lighting, waterproof floors and walls that are easy to disinfect, have a sink , support table and electrical installations.
Likewise, the room must have equipment and utensils requirements such as a refrigerator with a freezer, chairs with backs and armrests, a trash can, a digital thermometer and other required supplies such as paper towels, masking tape, solid waste bags.
Duties of public and private entities to lactating workers:
- Guarantee the place where the service is provided that a lactation room is available
- Register the lactation room by the company or entity with the data of the legal representative and the NIT before the Secretary of Health of the municipality where the room is located.
Regulation of paid rest for breastfeeding in article 238 of the Substantive Labor Code
- Background of previous legislation
Previously, the regulation of paid rest during lactation in our Colombian legislation provided the employer with the obligation to grant the worker two breaks of twenty (20) minutes within the working day during the first six (6) months of age, later this regulation It was progressively applied in favor of lactating workers by extending the time of the two breaks to thirty (30) minutes within the working day during the first six (6) months of age with the modification of Decree 13 of 1967, it was the regulations applicable in the substantive labor code until the recent regulation of law 2306 of 2023 of article 6 modifies article 238 of the CST.
- Regulation of current legislation with the new law 2306 of 2023: Modifies and extends the paid leave for lactation, leaving in force:
- The time of the two thirty (30) minute breaks within the workday during the first six (6) months of age.
Expand the paid rest time for lactation as follows:
- Once the initial period of six (6) months of age has been completed, one (1) break will be given during the thirty (30) minute day until the end of the two (2) years of age of the minor, provided that continuous breastfeeding is maintained and manifested.
Additionally, in this aspect we must observe the following aspects that are already provided for in the labor regulations of article 238 of the CST:
- Obligation on the part of the employer to grant more established breaks, if the worker presents a medical certificate stating the reasons that justify a greater number of breaks.
- Obligation on the part of the employer to have a lactation room, which is not subtracted from the regulated rest recognition time of two thirty (30) minute breaks during the workday during the six (6) months of the minor’s life and the extension of one (1) thirty (30) minute break in the day during the two (2) years of the child’s life if the worker is continuously breastfeeding.
Sources:
- Law 2306 of 2023
- Article 238 of the Substantive Labor Code
- Law 1823 of 2017
- Resolution 2423 of 2018
