[Direct answer]It is provided by the employing unit. According to Article 9 of the "Special Regulations on Labor Protection for Female Employees" (implemented on April 28, 2012), for female employees who are breastfeeding infants under the age of one, the employing unit shall not extend their working hours or arrange night shifts, and shall arrange one hour of breastfeeding time every day during working hours; for multiple births, an additional one hour of breastfeeding time shall be added for each additional infant. This one hour is paid statutory working time and can be used in combination (such as leaving work early). If the unit refuses to arrange it on the grounds of "no breastfeeding room", the female employees may apply for adjustment of working hours or request compensation. If the unit refuses to implement it, the female employees may file a complaint or apply for arbitration.

I. Problem Background and Typical Scenarios

After returning to work after maternity leave, mothers immediately face three consecutive questions: who to ask for approval for breastfeeding time, whether they can refuse overtime and night shifts, and whether they will be punished if they refuse. The legal provisions for breastfeeding rights are sufficient, but the gap lies in their implementation—many employers respond with "just deal with it if there's no nursing room."

II. Key points of dispute

First, the nature of breastfeeding time, which is paid working hours rather than a welfare benefit. Second, the usage method, whether it can be counted as part of the commute time. Third, the right to refuse overtime and night shifts. Fourth, the boundary between terminating the contract during the breastfeeding period and extending the contract.

III. Professional analysis by Henglue Lawyers

The implementation of breastfeeding time rights follows a three-step process: defining the nature, determining the usage, and setting boundaries. First, clarify the nature: Article 9 of the "Special Regulations on Labor Protection for Female Employees" stipulates that one hour of breastfeeding time per day is a statutory labor protection, not a favor from the employer. This time must be scheduled during working hours and paid at the regular wage rate. Employers may not deduct wages or adjust working hours to compensate for it. For multiple babies, an additional hour is granted for each child. Second, negotiate the usage: The law states that "one hour of breastfeeding time shall be arranged during daily working hours." There are two common implementation methods: 1. Directly allocating a time slot for breastfeeding (including reasonable travel time to and from the workplace) 2. Negotiating an adjustment, such as allowing early departure or delayed arrival by one hour Absence of a breastfeeding room does not justify non-provision. Employers should coordinate with nearby maternal and child facilities or allow employees to breastfeed at home. Flexible arrangements (e.g., combining breaks) are permitted as long as both parties agree and rights are not reduced. Third, enforce boundaries: During the first year of breastfeeding, employers may not extend working hours or assign night shifts. Refusing unlawful overtime or night shifts is a legal right. Retaliation such as transferring employees, deducting performance bonuses, or marginalizing them constitutes disguised infringement. During the breastfeeding period (from birth to one year), employers may not terminate contracts under Articles 40 and 41 of the Labor Contract Law. Contracts expiring during this period are automatically extended until the breastfeeding period ends. Employees can claim compensation for unlawful terminations after the breastfeeding period ends. Practical tips: - Submit a written request for breastfeeding time arrangements upon returning to work and retain the delivery receipt - Report refusals to labor unions and labor supervision authorities - Preserve evidence of wage deductions or terminations within one year for arbitration - Note: Many parks in Beijing have equipped maternal and child rooms, which employers should provide if feasible - Use birth certificates and age verification documents as the starting point for claiming rights, ending on the child’s first birthday - Follow the same evidentiary structure as maternity leave rights: written requests, response records, and payroll records The legal framework for breastfeeding rights is consistent with that for maternity leave rights—clear evidence, transparent procedures, and legal protection.

IV. Practical suggestions and legal basis

The first step is to submit a written application for breastfeeding time and attach a proof of the baby's age when returning to work; the second step is to negotiate with the employer about the specific usage methods and confirm them in writing; the third step is to refuse to work overtime or night shifts illegally and keep records to prevent retaliation; the fourth step is to preserve evidence of rights violations and apply for arbitration within one year. The main legal basis: Article 9 of the "Special Regulations on Labor Protection for Female Workers" (implemented on April 28, 2012); Articles 42 and 45 of the "Labor Contract Law of the People's Republic of China" (amended and implemented on December 28, 2012); the provisions on labor rights protection in 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); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points about breastfeeding time: 1. One hour of breastfeeding time is paid working hours, not a favor from the employer. 2. You can refuse night shifts or overtime work, and keep records of retaliatory job transfers. 3. It is prohibited to terminate employment during the breastfeeding period, and the contract will automatically be extended until the child reaches one year old. For questions regarding breastfeeding rights, you can consult the following resources:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which involves resolving compensation disputes in a coordinated manner.Special servicesFor reference, the implementation of salary and benefits in this position can be checked hereCreditor's rights and debts, and enforcementFor more information on employment compliance for enterprises, please feel free to consult us.Intellectual property protection and corporate lawTeam.

VI. Frequently Asked Questions

Q1: Will the breastfeeding time be deducted from my salary?

No. Breastfeeding time is arranged within the daily working hours and is paid as usual, which is a statutory labor protection. It is illegal to deduct wages or treat breastfeeding time as compensatory leave. You can file a complaint or request arbitration to rectify this situation.

Q2: If my home is far from my workplace and an hour isn't enough to get there, what should I do?

It can be discussed with the unit to use the two benefits together (for example, leaving work an hour early to cover commuting and breastfeeding time), or to coordinate with nearby maternal and infant facilities. The consultation should be recorded in writing, and any adjustments must not reduce the total amount of statutory rights and benefits.

Q3: Can I refuse to work overtime and night shifts during the breastfeeding period?

Yes. Female employees who are breastfeeding infants under the age of one shall not be allowed by their employers to work overtime or be assigned to night shifts. Refusing to do so is exercising their legal rights; if they suffer from unfavorable treatment due to their refusal, they can claim restoration of rights and compensation by providing fixed evidence of such treatment.

Q4: What should I do if I'm fired during the breastfeeding period?

During the breastfeeding period, the employer shall not terminate the contract in accordance with Articles 40 and 41. The termination of the contract shall be postponed until the end of the breastfeeding period. If the contract is terminated illegally, the employee may claim to continue the performance of the contract or compensation at twice the standard of economic compensation, and apply for arbitration within one year.

Q5: How much does it cost to claim breastfeeding time rights?

There are no fees for complaint monitoring and arbitration. Attorney fees are negotiated based on the scale of the dispute. For single-item rights disputes with relatively small amounts but concentrated evidence, timely handling can help avoid them from escalating into large-scale disputes involving compensation and other issues.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.