Additional breaks for feeding the baby are provided. Encyclopedia of solutions. Breaks for feeding the child(ren). Current personnel changes

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New edition of Art. 258 Labor Code of the Russian Federation

Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.

At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding the child(ren) are included in work time and are subject to payment in the amount of average earnings.

Commentary on Article 258 of the Labor Code of the Russian Federation

Russian legislation, Article 258 of the Labor Code, establishes breaks for feeding a child for women who have children under the age of one and a half years and continue to work, without connecting it with breastfeeding children. Breaks are also provided during artificial feeding.

Breastfeeding breaks are provided if a woman does not use maternity leave. Another family member being on maternity leave does not deprive the mother of the right to a break.

Breaks for feeding a child can be provided not only to mothers, but also to guardians and adoptive mothers. In addition, Article 264 of the Labor Code gives the right to a break to a father or guardian raising a child without a mother.

In accordance with Part 1 of Article 258 of the Labor Code, breaks for feeding a child are provided at least every three hours of continuous work lasting at least 30 minutes, and if there are two or more children under the age of one and a half years - one hour each. The first break may be provided not three hours after the start of the work shift, but earlier, based on the time of the previous feeding.

Part 1 of Article 258 of the Labor Code sets the minimum duration of a break at 30 minutes. In addition, when determining the duration of the break, one should take into account the health status of the mother and child, the distance of the family’s place of residence (or the child’s location during the mother’s work period) from the place of work, and other circumstances affecting the feeding regime. In addition, the duration of breaks may be increased based on a medical opinion. The time of breaks for feeding a child on the basis of Part 3 of Article 258 can be summed up and added either to a break for rest and food, or to the beginning or end of a working day (shift).

The desired procedure for providing breaks is indicated in the application of the woman or other person entitled to them. This applies to breaks, both regular and those added to the break for rest and food or moved to the beginning or end of the working day.

If, according to the working conditions, it is impossible to provide breaks, the woman, upon her application, must be transferred to another job.

The time of breaks for feeding the child is included, in accordance with Part 4 of Article 258 of the Labor Code, during working hours. During this time, the woman retains her average earnings, which, in accordance with paragraph 7 of Article 255 of the Tax Code of the Russian Federation, is included in the organization’s expenses when calculating income tax.

Another comment on Art. 258 Labor Code of the Russian Federation

1. ILO Convention No. 103 provides that if a woman is breastfeeding her child, she has the right to interrupt work for this purpose for one or more breaks per day, the duration of which is established by the legislation of the country.

Russian legislation establishes broader guarantees and grants the right to breaks for breastfeeding to all women who have children under the age of one and a half years and continue to work, without connecting it only with breastfeeding, therefore breaks are also provided for artificial feeding.

2. Breaks for feeding a child are provided if a woman does not use maternity leave. If another family member who is actually caring for the child is on leave, this does not deprive the mother of the right to a break.

3. Breaks for feeding the child are provided to both mothers and guardians and adoptive mothers. A father or guardian raising a child without a mother also has the right to a break (see Article 264 of the Labor Code of the Russian Federation and the commentary thereto).

4. By general rule breaks for feeding a child are provided at least every three hours of work, lasting at least 30 minutes, and if there are two or more children under the age of one and a half years - one hour each.

When drawing up a work schedule taking into account breaks, it is necessary to take into account that the purpose of these breaks is to ensure the most favorable diet for the child. Therefore, the first break may not be provided three hours after the start of the work shift, but earlier, based on the time of the previous feeding.

Part 1 art. 258 of the Labor Code of the Russian Federation establishes the minimum duration of the break. Based on the health status of the mother and child, the distance between the family’s place of residence (or the child’s location during the mother’s working period) and the place of work, and other circumstances affecting the feeding schedule, the duration of breaks can be increased. In this case, the duration of the breaks is determined on the basis of a medical report.

5. Unlike the rules provided for in Art. 169 Labor Code of the Russian Federation, Part 3, Art. 258 gives women the opportunity to sum up the time of breaks and attach them either to a break for rest and food, or to the beginning or end of a working day (shift). Since this is a woman's right, the employer's consent is not required for such summation.

The second difference of Art. 258 of the Labor Code of the Russian Federation from Art. 169 of the Labor Code of the Russian Federation consists of the procedure for providing breaks. Previously, this procedure was established by the employer together with the elected trade union body, taking into account the wishes of the woman. Now the law does not require any special approvals and breaks are provided in the order specified in the application of the woman or other person entitled to breaks. This applies not only to regular breaks, but also to breaks added to the rest and meal break or moved to the beginning or end of the working day.

Upon application, women (children) are included in the break for rest and food, or in aggregate form are transferred to both the beginning and the end of the working day (work shift) with a corresponding reduction in it (her). Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.< 1. В Конвенции N 103 МОТ «Относительно охраны материнства» (1952 г.) в ст. 5 указано, что, если женщина кормит своего ребенка грудью, она имеет право прерывать работу для этой цели на 1 или несколько перерывов в день, продолжительность которых устанавливается законодательством страны. Перерывы в работе для кормления ребенка считаются рабочими часами и оплачиваются как таковые в тех случаях, когда это регулируется законодательством или в соответствии с ним.

Baby feeding breaks

In cases where this issue is regulated by collective agreements, the provision is determined by the relevant agreement. 2. Providing a special working time regime for a woman can be formalized by an agreement between the woman and the employer, which can establish the procedure and time for providing breaks for feeding the child. An organization that employs breastfeeding women is obliged to equip places for feeding children.
3. The employer, together with the relevant trade union body, can establish for women with children under 1.5 years of age longer breaks for feeding children, taking into account the distance from the mother’s place of work to the place where the child is fed, the actual duration of feeding, and the health status of the children. With an 8-, 7- and 6-hour working day with a lunch break, a woman is given 2 breaks to feed her child.

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Attention

When adding a break to lunch, the employee can afford to either return from it an hour later, or leave an hour earlier, or stay for a 2-hour lunch. Download the application form Registration of a feeding break does not require additions to the employment contract. The Labor Code directly states that to provide them, only an application from the employee is sufficient, and then it is required only if the break entails a reorganization of the work process (increasing the lunch break, changing the start or end time of work).

Feeding breaks during part-time work - rules for calculation and registration The right of an employed woman to work part-time during the period of maternity leave until the child turns 1.5 years old is enshrined in Art. 256 TK. According to the provisions of Art. 93 of the Code, the part-time working regime is established by agreement between the employee and the employer.

Baby feeding breaks

Download a sample of filling out an application for breaks to feed a child. Download an application form for breaks to feed a child. If an employee writes an application, the break can be combined with a lunch break provided in accordance with the Labor Code of the Russian Federation. It is also possible to move it to the evening in order to leave work earlier, or to the morning for a later arrival. Break arrangements are available for women:

whose children are breastfed;
having babies fed with artificial formula;
those who have adopted children;
having custody of the child.

A single father of a child under 1.5 years old can also take advantage of the right.

To secure the possibility of receiving additional rest, an order must be drawn up. It is issued by the employer based on an application from the woman.

Article 258 of the Labor Code of the Russian Federation. breaks for feeding the baby

Commentary on Article 258 1. As follows from the content of Part 1 of Art. 258, additional breaks for feeding a child are provided not only to mothers who breastfeed their children, but also to all women who have children under the age of 1.5 years, including those who have adopted a child or have established guardianship over him. This ensures equally favorable conditions for feeding children of the specified age. At the same time, the commented article does not establish the number of breaks provided and the specific duration of each of them, since the frequency and duration of these breaks depend on the health status of the children being fed and their number, the length of the work shift, work schedule and other factors.
Typically, the duration of the break for feeding the baby is 30 minutes.

If the employee is a nursing mother

Termination of an employment contract with a woman who has children and works part-time is carried out on the grounds and in the manner provided for by the current labor legislation; 3) work and rest regimes for women who have children and work part-time are established by the administration in agreement with the trade union body and taking into account the wishes of the woman. Work regimes established for part-time work may include: reducing the duration of daily work (shift) by a certain number of working hours on all days of the working week; reducing the number of working days per week while maintaining the normal duration of daily work (shift); reducing the duration of daily work (shift) by a certain number of working hours while simultaneously reducing the number of working days per week.

Article 258. Breaks for feeding a child

Additional leave for irregular working hours for women with children and working part-time may be provided if the employment contract provides for work on a different working week, but with a full working day. The duration of this leave is established by the administration in agreement with the trade union body, taking into account the degree of labor intensity and employment during off-hours; 7) for women working part-time in industries, workshops, professions and positions with hazardous working conditions, only those days on which the employee was actually employed in hazardous working conditions are counted towards the length of service giving the right to additional leave on these grounds. less than half the working day established for employees of a given production, workshop, profession or position.
Labor Code PART FOUR Labor Code of the Russian Federation. ARTICLE FOURSection XII of the Labor Code of the Russian Federation. FEATURES OF LABOR REGULATION FOR SEPARATE CATEGORIES OF WORKERSChapter 41 of the Labor Code of the Russian Federation. FEATURES OF LABOR REGULATION FOR WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES Article 258.

Breaks for feeding a child Working women who have children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.

Breastfeeding breaks for children up to 1-5 years of age

According to the legislation of the Russian Federation, pregnant women and mothers of children are protected in labor terms. They have the opportunity to do light work. Also, the regulations stipulate a break for feeding infant. The procedure for exercising the right is provided for women who combine work and child care.

Important

At the same time, a working mother has long been no longer someone special to anyone. To provide the opportunity to care for the baby, providing one of the basic needs, an application for breaks to feed the baby is submitted. It is sent to the employer, after which a corresponding order is issued.

The regulatory framework of the Labor Code of the Russian Federation (part four, section 12, chapter 41) contains an article reflecting benefits for women with infants. The norms are reflected in Article 258.

Breaks for feeding a child up to 15 years of age

They should not replace the lunch time allocated for rest for the employee herself. The period during which a woman feeds her baby is included in working hours. In fact, the woman receives a reduced working day on a legal basis. When determining entitlement to breaks, the nature of the work is not taken into account. Employees working at their main place or part-time, working full-time or short-time, have a similar opportunity for additional rest. An important point is to determine the total working time for this category of workers. It should not be less than three hours a day. If a woman works less, then she is not allowed a break for feeding.

Info

Sample application for additional breaks for breastfeeding Full and shortened days Based on the Resolution of the Supreme Court of the Russian Federation, women nursing children have the same number of working hours as other employees. At the same time, the Labor Code provides for their start automatically. It is worth noting that the norm is assumed not only for one child.

If there are two or more children, then the break should be doubled. When working full time away from home, the employee may not be able to come home and make full use of the allocated time. In this regard, the Labor Code provides for the possibility of combining feeding breaks with lunch time.
Also, a woman may leave work earlier or later taking into account this period.

Who can count on a break to feed the baby?

The provisions of Art. 258 of the Labor Code, workers who have a child under 1.5 years of age are guaranteed the right to breaks for feeding, regardless of work schedule, with a total working day of more than 3 hours.

The Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation regulating the work of women...” dated February 28, 2014 No. 1 (hereinafter referred to as the Resolution of the Supreme Court on the labor of women) explains that if it is impossible to combine the position held with child care (for example, due to the traveling nature of the work , if there are night shifts in the schedule), including feeding, the employer is obliged to offer the employee a more suitable vacancy.

The regime of breaks for feeding a child during a full working day and the rules for its registration

The above article of the Labor Code specifies the duration and frequency of breaks for feeding: at least half an hour every 3 hours of working time. According to the Supreme Court Resolution on Women's Labor, breaks for feeding are included in the number of working hours, and the wording of Art. 258 of the Labor Code implies that the break begins automatically.

It is important to remember that this rule applies to women with one child. The presence of two or more children under 1.5 years of age increases the duration of the break at least twice (Part 2 of Article 258 of the Labor Code).

There are often situations when an employee works far from home, and therefore the specified time is simply not enough to fully use it for its intended purpose. Especially for such cases, the Labor Code has provided for the possibility of adding feeding breaks to the lunch hour, as well as an early end or later start of the working day.

So, if the work week is 40 hours (8 hours a day), and the day begins at 8:00, then the first break will be at 11:00, the second at 15:00, excluding lunch breaks. When adding a break to lunch, the employee can afford to either return from it an hour later, or leave an hour earlier, or stay for a 2-hour lunch.

Registration of a feeding break does not require additions to the employment contract. The Labor Code directly states that to provide them, only an application from the employee is sufficient, and then it is required only if the break entails a reorganization of the work process (increasing the lunch break, changing the start or end time of work).

Feeding breaks for part-time work - rules for calculation and registration

The right of an employed woman to work part-time during the period of maternity leave until the child is 1.5 years old is enshrined in Art. 256 TK. According to the provisions of Art. 93 of the Code, the part-time working regime is established by agreement between the employee and the employer. Going to work may not be daily. The contract can also provide for a shorter working day.

Calculation of the standard for providing breaks for feeding in part-time working conditions follows a general rule. For example, if a working day lasts 5 hours and starts at 8:00, a break is provided once after 3 hours of work, that is, at 11:00.

Important: in such a situation, it is advisable to stipulate the condition for providing a break for feeding in an additional agreement to the employment contract, which is mandatory when establishing part-time work. In particular, it is possible to use wording like “an employee has the right to breaks for feeding when the working day is more than 3 hours, the break time is from 11:00 to 11:30.”

Don't know your rights?

How are breaks for feeding a child paid?

In order to determine the amount of payment for feeding breaks , you need to do the following:

Calculate average daily earnings. The Labor Code of the Russian Federation and the Supreme Court Resolution on the labor of women establish that payment for the period of a feeding break is subject to calculation in the amount of the average salary. The establishment of the average wage in this case is determined in accordance with Art. 139 Labor Code, clause 4 of the Regulations on the specifics of the procedure for calculating average wages, approved. by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 (hereinafter referred to as the Regulations on the average salary), based on income data for the calendar year preceding the month in which the employer began providing feeding breaks. At the same time, time of illness, vacation at one’s own expense, days off to care for disabled children, downtime due to the fault of the organization, and many others are excluded from the calculation period. etc.
Important: it should be remembered that before maternity leave, the woman was most likely on maternity leave due to pregnancy and childbirth. In this case, you must be guided by clause 5 of the Regulations on the average salary, according to which it is permissible to take the period preceding maternity leave as the basis for calculation.

Calculation period: from February 2018 to February 2019 (12 months).

The amount of earnings for the entire period amounted to 180,000 rubles.

Calculation formula:

Сз (1д) = Зп (year) / 12: 29.3,

where Сз (1д) is the average earnings for one working day, Зп (year) = the amount of accrued wages for the entire calendar period, 12 is the number of months in the calendar period, 29.3 is the average number of days in a month (this is taken by default value, according to clause 10 of the Regulations on the average salary).

Thus, in the end we get:

180,000 / 12 / 29.3 = 511.95 (rub.)
Determine the share of average earnings attributable to feeding breaks. For example, if the working day is 8 hours, and there are two breaks for feeding, the total duration of which is 1 hour, the break share is 1/8 of the working time, or 0.125.
Calculate the average earnings during the break. For the calculation, let’s take the data given above in the example, where the average daily earnings were 511.95 rubles, and the share of such earnings that came from feeding breaks was 0.125.
We calculate:

511.95 × 0.125 = 63.99 (rub.)

That is, in the above case, payment for breaks for feeding a child for 1 working day is 63.99 rubles.

As you can see, calculating payment for a feeding break is not particularly difficult. The employer only needs to remember that the provision of breaks for feeding the child and the payment of remuneration are provided for by the norms of labor legislation, violation of which entails administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

Comments to Art. 258 Labor Code of the Russian Federation

1. In ILO Convention No. 103 “Concerning Maternity Protection” (1952) in Art. 5 states that if a woman is breastfeeding her child, she has the right to interrupt work for this purpose for 1 or more breaks per day, the duration of which is established by the legislation of the country.

Breaks from work to feed a child are considered working hours and are paid as such where this is regulated by or in accordance with law. In cases where this issue is regulated by collective agreements, the provision is determined by the relevant agreement.

2. Providing a special working time regime for a woman can be formalized by an agreement between the woman and the employer, which can establish the procedure and time for providing breaks for feeding the child.

An organization that employs breastfeeding women is obliged to equip places for feeding children.

3. The employer, together with the relevant trade union body, can establish for women with children under 1.5 years of age longer breaks for feeding children, taking into account the distance from the mother’s place of work to the place where the child is fed, the actual duration of feeding, and the health status of the children.

With an 8-, 7- and 6-hour working day with a lunch break, a woman is given 2 breaks to feed her child. With a 6-hour work shift without a lunch break, 1 break to feed the child is provided after 3 hours of work.

If there is a medical opinion about the need to feed the child more often, it is necessary to provide additional feeding breaks.

4. If the time provided for feeding the child is not enough (for example, due to the distance of the place of work from the place of residence or for other reasons), then it is possible to add a break for feeding the child to the lunch break or combine 2 breaks for feeding the child and transfer them in the total amount at the end or beginning of the day. This mode of operation of a nursing woman is possible only with her consent and if there are medical indications.

If the nature of the job is such that it is impossible to provide breaks for feeding during working hours, then the woman is transferred to another job while maintaining her previous earnings.

5. Women with children can work part-time, which provides more favorable conditions for combining the functions of motherhood with professional activities and participation in public life.

In the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, approved. By Decree of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 N 111/8-51, it was established that:

1) part-time work (part-time or part-time work week) can be established by agreement between the administration and a woman with children when hiring her, as well as the administration and the working woman if, due to the need to care for children, she cannot work full time. In these cases, remuneration is made in proportion to the time worked or depending on output;

2) hiring of women with children to work part-time or part-time is carried out on a general basis. An entry into the work book about hiring is made without indicating work on a part-time basis.

Part-time working time can be established by agreement of the parties either without a time limit or for any period convenient for the employee: until the child reaches a certain age, for a period school year etc.

The order (instruction) on hiring women with children for part-time work specifies the duration of work, the duration of working hours and its schedule during the working day or week, the need for vocational training or retraining, or other conditions.

Termination of an employment contract with a woman who has children and works part-time is carried out on the grounds and in the manner provided for by the current labor legislation;

3) work and rest regimes for women who have children and work part-time are established by the administration in agreement with the trade union body and taking into account the wishes of the woman.

Working hours established for part-time work may include:

reducing the duration of daily work (shift) by a certain number of working hours on all days of the working week;

reducing the number of working days per week while maintaining the normal duration of daily work (shift);

reducing the duration of daily work (shift) by a certain number of working hours while simultaneously reducing the number of working days per week.

These work regimes may involve dividing the duration of daily work into parts, for example, delivering morning and evening mail, selling newspapers and magazines, etc.

When establishing part-time work schedules, the length of the working day (shift), as a rule, should not be less than 4 hours, and the working week - less than 20 - 24 hours, respectively, with a 5- and 6-day working week.

Depending on the specific production conditions, a different working time may be established;

4) a break for rest and food is provided to women working part-time if the length of the working day (shift) exceeds 4 hours. The start and end times of this break are established by the administration in agreement with the trade union body and taking into account the wishes of the employee. The break is not included in working hours;

5) mothers who are breastfeeding and women who have children under 1 year of age and work part-time, additional breaks for feeding the child are provided at least after 3 hours of work lasting at least 30 minutes. every. If there are 2 or more children under the age of 1 year, the duration of the break is set to at least an hour. The break for feeding the child is included in working hours and is paid according to average earnings.

At the request of a woman with children, and depending on the length of her working day (shift), the following are allowed: adding a break for feeding the child to the lunch break; transferring one or a total of two breaks for feeding the child to the end of the working day, i.e. earlier completion of work compared to the duration of the working day established by the employment contract;

6) part-time work does not entail any restrictions on long annual leave, calculation of length of service and other labor rights.

7) for women working part-time in industries, workshops, professions and positions with hazardous working conditions, only those days on which the employee was actually employed in hazardous working conditions are counted towards the length of service giving the right to additional leave on these grounds. less than half the working day established for employees of a given production, workshop, profession or position.

The working time of women with children and working part-time is counted both in the total length of service and in the continuous work experience and in the work experience in the specialty, including: when assigning benefits for state social insurance; when assigning state pensions; when paying a one-time remuneration or bonuses to wages for length of service; when establishing salaries (rates) for educators, healthcare workers, library workers and some other specialists, whose salaries (rates) are determined taking into account their length of service; when paying remuneration for overall performance results for the year; when providing benefits to persons working in regions of the Far North and in areas equated to regions of the Far North, and in other cases when current legislation provides for the provision of any benefits and advantages to employees;

8) the labor of women who have children and work part-time can be used in all sectors of the national economy. The organization of the labor of these women is carried out by the administration of the enterprise, institution, organization together with the trade union body.

6. In the Regulations on the procedure and conditions for applying a sliding (flexible) work schedule for women with children, approved. Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated June 6, 1984 N 170/10-101 states:

1) a sliding (flexible) work schedule is a special form of regulation of labor regulations at an enterprise, institution, organization, providing for the personal participation of women with children in determining the timing of their work in accordance with her daily social, household and other personal needs and taking into account the interests production.

The use of a sliding (flexible) work schedule for female workers should provide the best combination of economic, social and personal interests for them;

2) a sliding (flexible) work schedule is established by agreement between the administration and women workers when hiring them, as well as the administration and women if, due to the need to care for children, they cannot work according to the usual schedule established at a given enterprise or institution , organizations.

A sliding (flexible) work schedule can be set either without a time limit or for any comfortable for women period: until the child reaches a certain age, for the period of the school year, etc.;

3) a sliding (flexible) work schedule must provide workers with the duration of daily and weekly rest established by law. In this case, the maximum total working time per day must be at least 10 hours, and the time spent at the enterprise, institution, organization from the beginning to the end of the shift, including unpaid breaks therein, must not exceed 12 hours.

Depending on production and local conditions, a sliding (flexible) schedule can be used in various options with various modes working time and rest time. However, an indispensable condition for the applied schedules must be compliance with the annual balance of working hours.

A sliding (flexible) work schedule, as a rule, should consist of 3 parts:

“fixed time” - the time when female workers are required to be at their workplace;

“variable time” - the time within which workers have the right to start and finish work at their own discretion;

“breaks for rest and food” - at least 30 minutes. and no more than 2 hours during periods of “variable time”, which workers must use for rest and food. This break does not count towards working hours.

Employees who enjoy the right to a sliding (flexible) work schedule, taking into account their personal interests, can also work according to a public schedule for a certain period of time.

When providing breastfeeding mothers and women with children under 1 year of age with additional breaks for feeding the child, established for them under the conditions of a sliding (flexible) work schedule, “fixed” and “variable” time may change.

When working in a sliding (flexible) schedule and at the same time in full-time working conditions (in cases provided for by current legislation), the standard working time for female employees is correspondingly reduced and must be adjusted taking into account the actually established weekly or monthly working time standard.

Commentary on Article 258

4. As a general rule, breaks for feeding a child are provided at least every three hours of work, lasting at least 30 minutes, and if there are two or more children under the age of one and a half years - one hour each.

Part 1 art. 258 of the Labor Code establishes the minimum duration of a break. Based on the health status of the mother and child, the distance between the family’s place of residence (or the child’s location during the mother’s working period) and the place of work, and other circumstances affecting the feeding schedule, the duration of breaks can be increased. In this case, the duration of the breaks is determined on the basis of a medical report.

The second difference of Art. 258 TK from Art. 169 of the Labor Code of the Russian Federation consists of the procedure for providing breaks. Previously, this procedure was established by the employer together with the elected trade union body, taking into account the wishes of the woman. Now the law does not require any special approvals and breaks are provided in the order specified in the application of the woman or other person entitled to breaks. This applies not only to regular breaks, but also to breaks added to the rest and meal break or moved to the beginning or end of the working day.

6. If, due to working conditions, it is impossible to provide breaks, the woman, upon her application, must be transferred to another job (see paragraph 12 of the commentary to Article 254 of the Labor Code).

7. Break time for feeding the child is included in working hours. During this time, the woman retains her average earnings.

For the procedure for calculating average earnings, see Art. 139 TK.

In accordance with paragraph 7 of Art. 255 of the Tax Code, payment for breaks for feeding a child is included in the organization’s expenses when calculating income tax.