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Breastfeeding? Mothers cannot be punished for “alleged non-compliance” by a minority

In a statement released today, the chairman, Carlos Cortes, emphasized that structural decisions such as altering labor laws “should recognize the role of women and children in society, incentivize birth rates, and ensure family well-being.”

He noted that contributions from the Order of Physicians suggest a “more equitable, ethical, inclusive, and equal approach,” advocating for the protection of mothers’ and children’s rights “without compromising legislative logic” and for avoiding setbacks that favor productivity and distrust over childhood.

The Order of Physicians referred to an opinion issued by the College of Pediatrics following the Government’s legislative amendment proposal concerning labor rights during breastfeeding, recommending a “more balanced and inclusive” approach.

In this opinion, the College of Pediatrics recommends that legislation should ensure breastfeeding protection rights up to a maximum of two years of the child’s life, with automatic rights until 12 months, and from 12 to 24 months with a statement of commitment from the mother, avoiding the need for a medical certificate.

This stance supports that previously issued by the College of General and Family Medicine, in March 2024, advocating that the commitment verification for breastfeeding up to two years should be done through a statement of commitment rather than a medical certificate.

In the statement released today, the Order of Physicians urged for the recognition of the role of women in society and the protection of children’s rights, “avoiding decisions that may compromise humanism and balance at a crucial developmental stage for the child.”

The government’s planned changes are part of a draft reform of labor legislation approved by the Council of Ministers and presented to social partners. This was reported by Jornal de Notícias last week.

According to the report, mothers wishing to stay home for breastfeeding must present a medical certificate to their employer at the onset of the dispensation, proving the need every six months. The current law requires proof only after the baby turns one year old.

The proposed changes also stipulate that the right to time off work for breastfeeding mothers is valid only “until the child turns two,” a limitation not present in the current law.

In an interview over the past weekend with TSF and Jornal de Notícias, the Labor Minister mentioned abuses by some mothers in using the right to leave for breastfeeding their children.

Maria do Rosário Palma Ramalho highlighted “many practices” of abuse, noting instances where “children seem to continue breastfeeding to grant the worker a reduced schedule.”

Following these statements, Público reported on Tuesday that the Government lacks data on mothers requesting reduced work hours for breastfeeding or possible abuses of this right.

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