The Authority for Working Conditions (ACT) has identified 10 irregularities that resulted in companies being fined for non-compliance with workers’ breastfeeding rights and issued 13 warnings to employers over the past five years.
No companies were fined in 2023, although warnings for “infractions of legal norms” persisted. ACT noted that figures for 2024 and this year are still provisional.
Issues revolved around three clauses of Article 47 of the Labor Code, which outlines conditions for breastfeeding leave for mothers or nursing leave for fathers.
The first clause stipulates that “a mother breastfeeding her child is entitled to work leave for this purpose as long as breastfeeding continues,” a rule that some companies violated, leading to five fines and eight warnings in the last five years.
Another infraction involved the clause stating, “the daily leave for breastfeeding or nursing shall be taken in two distinct periods, no longer than one hour each, unless another arrangement is made with the employer.” This resulted in five fines and four warnings.
There was also one company in 2023 warned for not correctly observing reduced leave time in part-time employment scenarios: “The daily leave for breastfeeding or nursing is reduced proportionally to the normal working period and cannot be less than 30 minutes,” according to government-reviewed regulations.
The breastfeeding issue is at the heart of a controversial draft project
The government approved several amendments to the Labor Law late last month during the Council of Ministers, particularly concerning breastfeeding leave.
Currently, there is no time limit for breastfeeding, but the government intends to cap it at two years old, requiring a medical certificate every six months.
In an interview with TSF and Jornal de Notícias, the minister of Labor, Solidarity, and Social Security stated there are abuses by some workers who misuse breastfeeding leave intending to work fewer hours.
The remarks faced strong opposition from associations and unions, who argued the issue lies not with the women but with employers, asserting that many workers still refrain from using reduced hours for fear of retaliation.
This year, the Commission for Equality in Labor and Employment (CITE) received only one complaint “from a woman regarding a violation of breastfeeding leave,” but received no reports from employers about workers abusing this right, reported Carla Tavares, CITE’s president.
Unions claim these numbers do not represent what happens in companies as they “continue to receive reports” of problems occurring nationwide, especially in female-dominated sectors like health, hospitality, retail, and industry.
“We encountered numerous instances of restrictions and even extreme cases” of workers being barred from taking breastfeeding leave, reported Fátima Messias, coordinator for the Commission for Equality between Men and Women at CGTP-IN.
The union leader acknowledged lacking complaint data but insisted that “the right to breastfeeding or nursing remains heavily pressured by employers,” deterring many women from exercising a legally provided right.
“Workplace harassment creates limitations, intimidation, and self-censorship among many workers,” cautioned Fátima Messias, noting that these situations often depend on team leaders’ attitudes.
“To maximize the use of scarce personnel, essential rights for children and mothers are undermined,” she accused.
Fátima Messias argued that the existing regulations “are positive regarding maternity and paternity” and should not be amended, as “the right to breastfeeding for mothers and nursing for fathers is already clearly established.”
“The issue is the violations; why does the government, instead of addressing employer violations and restrictions, target mothers and children? It’s inhumane, absurd, Machiavellian. It’s known there are violations, that women are pressured, pregnant workers are dismissed, but instead of targeting the violators, pregnant women and children are targeted,” she emphasized.
Lawyers consulted by Notícias ao Minuto argue there are “losses of rights for workers, particularly women, with the Draft Project XXI” from Luís Montenegro’s government. Discover three key points.
Beatriz Vasconcelos | 07:50 – 07/08/2025
