[Direct answer]In the Beijing area, breastfeeding time is considered working time and is not counted as leave or deducted from wages. According to Article 9 of the "Special Regulations on Labor Protection for Female Employees" (promulgated and implemented by the State Council on April 28, 2012), for female employees who are breastfeeding infants under the age of one, the employer shall arrange one hour of breastfeeding time for them during the daily working hours; for female employees who give birth to multiple babies, one additional hour of breastfeeding time shall be added for each additional baby. This time is included in the working hours, and the wages shall be paid as usual with no change in welfare benefits. The employer shall not convert it into sick leave or deduct the wages. Generally, this benefit is no longer available after the infant reaches the age of one, but if the infant is certified by a medical institution as being an undernourished child, the breastfeeding time may be extended for no more than six months. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

After lactating female employees return to their workplaces, they often encounter situations where the employer fails to arrange for or covertly compresses their breastfeeding time, or deducts their performance bonuses or records them as absent without leave. Typical scenarios include: requiring them to use the break collectively and not splitting it up daily; counting the breastfeeding time as being late or leaving early; canceling it on the grounds of work schedules; and only granting one hour for multiple births. When handling similar cases in the Beijing area, it is recommended that the employer comply with the following requirements:Beijing Henglu Law FirmUnder the guidance of the above-mentioned principles, please refer to the column page for more details about the relevant rules.

II. Key points of contention

The dispute focuses on four points. Firstly, the nature of breastfeeding time: it is statutory working time, not a welfare benefit or a personal leave, and the wages and performance should not be affected. Secondly, the duration and frequency: one hour per day, plus one hour for each additional multiple birth, which can be used once or in two sessions, and the specific arrangements can be negotiated between the two parties. Thirdly, the applicable period: for infants under one year old, and for children with weak health, the period can be extended to 18 months upon proof. Fourthly, evidence: the schedule, attendance records, pay slips, and communication records are the main materials to prove infringement. In practice, converting breastfeeding time into absence and deducting money from wages is the most common infringement.

III. Professional analysis by Hengluo Law Firm

After female employees' labor rights are infringed, the process of obtaining evidence and protecting their rights is similar to the case handled by our firm below. Henglu Law Firm emphasizes forming an evidence loop of "statutory rights - employer's actions - damage consequences" in labor disputes. Taking a labor dispute case handled by Attorney Feng Na of Beijing Henglu Law Firm as an example, the key points of evidence collection and defense in disputes over illegal termination can be seen. Li * * * joined Beijing A Technology Co., Ltd. on November 17, 2022, and the two parties signed a labor contract with a term ending on November 16, 2025, stipulating a base salary of 35,000 yuan/month and a performance salary of 5,000 yuan/quarter. The employment offer stated an annual salary of 550,000 yuan, including a year-end performance bonus of 110,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,028 yuan; Li * * * argued that the layoffs were not reported to the labor administrative department and did not comply with statutory procedures, constituting an illegal termination. The case was heard by the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission, which ruled that a labor relationship existed between the two parties and ordered A Company to pay 18,602 yuan in unpaid annual leave wages and 91,821 yuan in compensation for illegal termination. The company claimed that the layoffs were legal and that the labor contract did not stipulate an annual performance bonus. After taking on the case, Attorney Feng Na focused on key issues such as the statutory pre-procedures for economic layoffs and the binding force of the employment offer on both parties. She pointed out that the layoff reporting procedures stipulated in Article 41 of the Labor Contract Law of the People's Republic of China are mandatory, and failure to complete them constitutes an illegal economic layoff. The salary provisions in the employment offer are legally binding on both parties. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 9 of the "Special Provisions on Labor Protection for Female Employees" (promulgated and implemented on April 28, 2012), which stipulates that breastfeeding time shall be one hour per day and be extended for multiple births, and shall be counted as working hours; the provisions of the "Labor Law of the People's Republic of China" (implemented on January 1, 1995) prohibiting unlawful salary reductions; the provisions of the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" (amended and implemented on January 1, 2023) on the protection of breastfeeding periods; and the provisions of the "Labor Contract Law of the People's Republic of China" (implemented on January 1, 2008 and amended in 2012) prohibiting unlawful dismissal and salary reductions. Action list: First, explain to the unit in writing the rights to breastfeeding time and the birth time of the baby; Second, clarify the daily duration and arrangement methods; Third, check whether the wages and performance bonuses have been deducted; Fourth, keep the work schedules, attendance records, and pay slips; Fifth, safeguard rights in a timely manner if infringed, for details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

During breastfeeding time, please try to confirm the arrangement in writing as much as possible to avoid being changed after verbal agreement. If the company records the breastfeeding time as sick leave, late arrival, or deduction of performance bonuses, you should keep the work schedule and salary records as evidence for protecting your rights. Note that this right is limited to babies under one year old, and you should not claim it after the deadline. When handling similar cases in the Beijing area, it is recommended to do so within the time limit specified by the law.Beijing Henglu Law FirmWith the help of professional lawyers, the legal breastfeeding time was reflected in the attendance records and payrolls.

VI. Frequently Asked Questions

Q1: How long is the breastfeeding time each day, and does it count as working time?

This counts as working hours. According to Article 9 of the "Special Regulations on the Labor Protection of Female Workers", for female workers who are breastfeeding infants under the age of one, the employer shall arrange one hour of breastfeeding time during the daily working hours, and this time shall be included in the working hours and the wages shall be paid as usual. It's not a leave of absence, not absenteeism, and it should not affect the performance and full attendance.

Q2: If a woman gives birth to multiple babies, how is the breastfeeding period calculated?

For every additional infant being breastfed, an additional one hour will be added to the daily working time. For example, for twins, it will be two hours per day, and for triplets, it will be three hours per day, all of which will be counted as working hours with the wages being paid as usual. The time can be used all at once or in installments. The specific arrangements can be discussed between the employees and the units, and the units shall not refuse or compress the statutory working hours due to multiple births.

Q3: What should I do if my employer doesn't arrange breastfeeding breaks?

First, request in writing that the employer arrange the working hours according to legal standards and specify the age of the infant. If no agreement can be reached, collect evidence such as the infant's birth certificate, shift schedules, attendance and salary records, and file a labor arbitration claim within one year of the arbitration statute of limitations to demand the reissuance of withheld wages and the restoration of attendance records. You can also file a complaint with the labor and social security supervision department and request that the employer be ordered to make corrections.

Q4: What evidence is needed to claim that breastfeeding time constitutes an infringement of rights?

Five types of materials: the medical certificate of the baby's birth (proving that the baby is under one year old); the labor contract and the work schedule; the attendance record (proving that the employee was recorded as absent or left work early); the salary and performance list (proving that the employee's salary was deducted); and the communication records with the employer. The evidence should be able to demonstrate the causal chain of "the employee is entitled to breastfeeding time—the employer fails to arrange it—the employee's salary is affected".

Q5: Are breastfeeding time and breastfeeding leave the same thing?

No. The breastfeeding time is a statutory working time arrangement of one hour per day for infants under the age of one; some regions have additional "breastfeeding leave" (such as phased leave after applying for hardship assistance), which differs in nature and duration. In Beijing, the main applicable rule is one hour of breastfeeding time per day. Whether there is additional breastfeeding leave should be subject to the latest local regulations, and the two should not be confused with each other.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.