Working women with children under the age of one and a half years are provided, in addition to a break for rest and food, 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 break for feeding 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 food, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).

Breaks for feeding the child (children) are included in working time and are payable in the amount of average earnings.

Comments to Art. 258 of the Labor Code of the Russian Federation

1. In the ILO Convention N 103 "Regarding the protection of motherhood" (1952) in Art. Article 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 determined by the legislation of the country.

Nursing breaks are considered working hours and are paid as such, to the extent permitted by law or in accordance with it. In cases where this issue is regulated by collective agreements, the provision is determined by the relevant agreement.

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

An organization in which breastfeeding women work is obliged to equip places for feeding children.

3. The employer, together with the relevant trade union body, may establish for women with children under the age of 1.5 years, longer breaks for feeding children, taking into account the distance from the place of work of the mother to the place of feeding the child, the actual duration of feeding, the state of health of 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 for feeding 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 breaks for feeding.

4. If the time provided for feeding the child is not enough (for example, due to the remoteness 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 at the beginning of the day. Such a mode of operation of a nursing woman is possible only with her consent and if there are medical indications.

If the features of the work are 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 motherhood with professional activity and participation in public life.

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

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

2) hiring women with children for part-time or part-time work working week and is produced on a general basis. An entry in the work book on employment is made without an indication of work on a part-time basis.

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

The order (instruction) on the admission of women with children to part-time work indicates the period of work, the length of working time 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) the regimes of work and rest for women with children and working part-time are established by the administration in agreement with the trade union body and taking into account the wishes of the woman.

The modes of work established when working with 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;

reduction in 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 reducing the number of working days per week.

These modes of work may provide for the division of the duration of daily work into parts, for example, the delivery of morning and evening mail, the sale of newspapers and magazines, etc.

When establishing modes of work with part-time work, the duration 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 who work part-time if the length of the working day (shift) exceeds 4 hours. The break is not included in the working time;

5) breastfeeding mothers and women with children under the age of 1 year and working part-time, additional breaks for feeding a child are provided at least after 3 hours of work lasting at least 30 minutes. each. If there are 2 children or more under the age of 1 year, the duration of the break is set at least an hour. A break for feeding a 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), it is allowed to: add a break for feeding a child to a lunch break; rescheduling one or a total of two breaks for feeding a child to the end of the working day, i.e. earlier completion of work compared to the length of the working day established by the employment contract;

6) work on a part-time basis does not entail any restrictions on long annual leave, calculation seniority and other labor rights.

Additional leave for an irregular working day for women with children and working part-time may be granted if the employment contract provides for work on the terms of a different working week, but full-time. 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 outside of school hours;

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

The time of work of women with children and working part-time is counted both in the total length of service and in continuous experience work and work experience in the specialty, including: when assigning benefits for state social insurance; upon appointment state pensions; when paying a lump sum remuneration or bonuses to wages for length of service; when setting salaries (rates) for workers in education, healthcare, librarians and some other specialists, whose salaries (rates) are determined taking into account the length of service; when paying remuneration for the overall results of work based on the results for the year; when granting benefits to persons working in the districts Far North and in areas equivalent to the regions of the Far North, and in other cases when the current legislation provides for the provision of any benefits and advantages to employees;

8) the labor of women with children and working 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 the application of a sliding (flexible) work schedule for women with children, approved. Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of June 6, 1984 N 170 / 10-101 states:

1) a sliding (flexible) work schedule is a special form of regulation of the labor schedule 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 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 female employees when they are hired, 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 this enterprise, in an institution , organizations.

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

3) a sliding (flexible) work schedule should provide female workers with the duration of daily and weekly rest established by law. At the same time, the maximum total duration of working time per day should be at least 10 hours, and the time spent at the enterprise, institution, organization from the start and end of the shift, including unpaid breaks in it, should not exceed 12 hours.

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

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

"fixed time" - the time when female employees are required to be at their workplace;

"variable time" - the time within which female employees have the right to start and finish work at their discretion;

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

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 the age of 1 year, additional breaks for feeding the child, established for them under the conditions of a sliding (flexible) work schedule, "fixed" and "variable" times may change.

When working in a sliding (flexible) schedule and at the same time in full working time (in cases provided for by applicable law), the norm of working hours of employees is correspondingly reduced and must be adjusted taking into account the actually established weekly or monthly norm of working hours.

Question about the breaks for feeding provided to an employee with one child under 1.5 years old. We see the norm in the Labor Code of the Russian Federation that every 3 hours of work, at least 30 minutes of a break are provided, while it is included in working hours and paid according to average earnings. Our accounting department believes that such a calculation will complicate their work, suggests that this break is not mandatory. The question is: if the employee writes a statement that she herself refuses to provide such a break, is the consent of the company acceptable in this case? How to arrange? What are the risks, for example, the amount of fines, if the inspectors do not agree?

Answer

According to the legislation of the Russian Federation, pregnant women and mothers of children are protected in labor plan. They have the possibility of light work. Also in the regulatory legal acts prescribes a break for feeding baby.

The procedure for exercising the right is provided for women who combine labor activity and baby care. At the same time, a working mother has long been no one special for anyone.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and IS FREE!

To provide the opportunity to care for the baby, providing one of the basic needs, an application is made for breaks for feeding the child. It is sent to the employer, after which an appropriate order is issued.

Normative base

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

Working mothers who support children under 1.5 years of age are entitled to an additional lunch break to feed the baby. It is provided at least every three hours. The break lasts half an hour. If there are two or more children, then the woman is given an hour break.

If a woman expresses her desire, a feeding break can be combined with the main lunch. They can also be moved together at the beginning and end of the working day. Then the shift or workday is reduced by a certain time.

Breaks must be counted as working time by the employer. They are paid in accordance with the average earnings of the employee.

How to issue

Under the current law, women with infants and older children, not exceeding one and a half years, can count on nursing breaks. They should not replace the lunch time allotted for the rest of the employee herself.

The period in which a woman feeds a baby is included in working hours. In fact, a woman receives a reduced working day legally.

When determining the right to breaks, the nature of the work is not taken into account. Employees working at the main place or part-time, working full-time or reduced-time, have a similar opportunity for additional rest.

An important point is the determination of 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 entitled to a break for feeding.

If the employee writes a statement, then the break can be combined with the lunch provided in accordance with the Labor Code of the Russian Federation. It is also possible to transfer it to the evening to leave work earlier, or to the morning for a later arrival.

Breaks are available for women:

• whose children are breastfed;
• having babies eating artificial mixture;
• adopting children;
• in charge of the child.

The right can also be used by a single father of a child under 1.5 years old.

To consolidate the possibility of obtaining additional rest, an order is required. It is issued by the employer on the basis of an application from a woman.

An example document is shown below:

ORDER #23

on the payment of average wages

Moscow 13.05.2015

Based on the statement of A.Yu. Umnova, drawn up on May 10, 2015, on the provision of breaks for feeding the child, as well as in accordance with Article 258 of the Labor Code

I ORDER:

1. Provide employee A.Yu. Smart breaks for feeding a child, the duration of which is one hour, every day from 05/14/2015. At the request of the employee, they join the main break for rest and food from 13.00 to 14.00.
2. Pay for nursing breaks in accordance with average earnings based on current labor laws.
3. Control over the execution of the order is carried out by the chief accountant I.I. Nikitina.

Compiling an application for breaks for feeding a child

In order to clarify the essence of the breaks provided, it is necessary to consider specific examples.

The seller of the clothing store A.A. Yuryeva is given the right to breaks for feeding the baby for 30 minutes every 3 hours. The working day for a woman begins at 10.00 and ends at 19.00.

You can resolve this issue as follows:

1. The first break will be provided from 13.00 to 13.30. This is due to the fact that three hours have passed since arriving at work.
2. The second break is possible at 16.30. At 17.00 the woman should be at the workplace.
3. There is no third break. After all, according to the law, it should come at 20.00. But since a woman works until 19.00, at this time she will leave work.

Some workers use the right to add feeding breaks to lunch breaks. They can also move this period to the beginning or end of the day. To implement this opportunity, an application is made for breaks for feeding the child.

The paper is prepared randomly. According to the document, the working day of a woman is being reduced.

You can refer to the example below:

to CEO

Albino LLC

Barabanshchikov A.P.

sales assistant

A.Yu. Umnova

statement.

I ask you to provide the opportunity to add breaks for feeding the child (summed up) at the beginning of the working day with its subsequent reduction.

A copy of the birth certificate of Yu.L. Umnova No. 324578, issued by the OZAGS No. 26 on. Moscow on July 24, 2015.

05/30/2016 _________________ /A.Yu. Umnova/

If an employee has made an application to postpone the break to the beginning of the workday, she can use the extra hour, starting work not from 10.00, but from 11.00.

Full and short day

On the basis of the Decree Supreme Court RF breastfeeding women have the same number of working hours as other employees. At the same time, the Labor Code provides for their start in automatic mode.

It is worth noting that the norm is supposed 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, an employee may not be able to come home and make full use of the allotted time. In this regard, the Labor Code provides for the possibility of combining nursing breaks with lunch time. Also, a woman may leave work earlier or later, taking into account this period.

With a 40-hour working week and the beginning of the working day at 8.00, the first break is provided at 11.00, and the second at 15.00. This does not include lunch breaks. If you combine them with lunch, a woman can leave an hour earlier or arrive an hour later.

When registering a break, additional agreements to the main employment contract are not provided. It is only important to write a statement if the break makes adjustments to the workflow.

On the basis of Article 256 of the Labor Code of the Russian Federation, a woman raising a child under one and a half years of age has the right to part-time work. In this case (in accordance with article 93) an agreement is concluded between the employer and the employee. However, it is not possible to go to work every day. In addition, the contract may provide for a reduction in working time.

Similar norms are used to determine the possibility of breastfeeding breaks. If the working day is five hours long and work starts at 9.00, the first break is provided at 12.00.

Calculation and payment of average earnings

In order to determine the wages of a worker who uses her feeding breaks, some calculations need to be made.

First, it is important to determine the average earnings per day. The periods during which a woman feeds a baby are paid according to the average value. At the same time, the calculation is legislatively reflected in Article 139 of the Labor Code of the Russian Federation.

To carry out the calculation, it is important to know the woman's income for the working year preceding the month when the woman was given the opportunity to take breaks.

Exclude from this period:

• time spent on sick leave;
• leave without pay;
• days off for caring for a disabled child;
• downtime due to the fault of the institution.

Most often, women receive the right to breastfeeding when they leave maternity leave. Then you need to focus on paragraph 5 of the Regulations on the average wage. Based on it, the calculation is made based on the period before maternity leave.

To clarify the essence, consider the following example. The calculation is based on the period from January 2020 to January 2020. At this time, the woman's earnings amounted to 190,000 rubles.

For the calculation, the formula is used:

Sz (1d) \u003d Zp (year) / 12 / 29.3

In it:

When counting, an amount equal to 511 rubles 95 kopecks is obtained.

Next, the average earnings attributable to nursing breaks are calculated. With an eight-hour working day, you get two breaks of 30 minutes each. Thus, an hour is 1/8 of the total working time, or 0.125.

It is necessary to calculate the average earnings per break. To do this, you need to multiply the average daily earnings by the share allocated for feeding. It turns out the value of 63 rubles 99 kopecks. This amount is credited to the mother per day for breaks.

It is important to comply with labor laws when providing breaks and making payments. If this is not done, then the employer can be held administratively liable on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Display in accounting

It is important to know how feeding breaks should be made in.

First, it is important to get acquainted with the classification of letters and numbers, with the help of which breaks are displayed. There are certain values ​​\u200b\u200bthat are spelled out by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1. However, the employer can also use his own symbols (KR) by issuing them in an order.

To enter data in the 1C program, a directory with a classification is opened and a new element on the basis of an order.

Payment is made according to the woman's average earnings per day. occurs in full similarly to any other average earnings. Income tax is taken into account when determining labor costs. Also, insurance premiums, deductions in case of injuries are deducted from the amount.

In the program, you need to open the list of documents "Payment according to average earnings" and create a new one.

No change required. Also, the employer does not need to prepare an additional agreement. The main difference between this period is the calculation of average earnings.

The accountant will need to draw up a payment document for each day of the working month in accordance with the average earnings. To facilitate the introduction, you can use special processing.

Misunderstandings often arise when calculating the average earnings in the event that an employee goes on vacation. Based on the fifth paragraph of the above provision, at the time of determining the average earnings for vacation, it is necessary to exclude periods with the preservation of average earnings from the entire working year.

However, amounts accrued when providing nursing breaks are an exception. They must be taken into account when calculating leave.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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 the application of a sliding (flexible) work schedule for women with children, approved. Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of June 6, 1984. How are breaks for feeding a child paid? In order to determine the amount of payment for nursing breaks, you must complete the following steps:

1. Calculate your average daily earnings. The Labor Code of the Russian Federation and the Decree of the Armed Forces on the work of women establish that payment for the time of a break for feeding is to be calculated in the amount of the average wage. The establishment of the size of the average wage in this case is determined, according to Art. 139 of the Labor Code, clause 4 of the regulation on the features of the procedure for calculating the average wage, approved.

Nursing breaks

Labor Code Important Breaks are available for women:

• whose children are breastfed;
• having babies eating artificial mixture;
• adopting children;
• in charge of the child.

The right can also be used by a single father of a child under 1.5 years old. To consolidate the possibility of obtaining additional rest, an order is required. It is issued by the employer on the basis of an application from a woman.
If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

Labor Code

This break does not count towards working time. 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. However, in order to implement Art. 258 of the Labor Code of the Russian Federation, one way or another, an order will be required. On the basis of this order, the accounting department will keep the average earnings, the timekeepers will put the appropriate marks and not mark absenteeism.

Important

In addition, at the time a woman applies for a break, the organization may not have a local regulation on providing breaks for feeding a child. For this reason or for other reasons, the employer may not actually grant a break. Therefore, a written request for breaks must be submitted.

In addition, in accordance with Part 3 of Art.

Article 258 of the Labor Code of the Russian Federation. breaks for breastfeeding

The Labor Code directly states that only an employee’s statement is sufficient to provide them, and then it is required only if the break entails a reorganization of the work process (an increase in lunch break, a change in the start or end time of work). Breaks for feeding during part-time work - rules for calculating and registration The right of an employed woman to work part-time during parental leave until the child is 1.5 years old is enshrined in Article 256 of the Labor Code. According to the provision of Art. 93 of the code, the regime for part-time work is established by agreement between the employee and the employer.

How often is a nursing break given?

Dec How often women are given a break for feeding a child up to 15 years old The salary of an employee is 16,600 rubles. For work during a full calendar month and subject to the fulfillment of the plan, he is awarded a bonus in the amount of 5400 rubles. The employee did not take parental leave and did not apply for a part-time work regime.
It is necessary to calculate the salary of E.I. Lososev for June 2010, if it is known that he worked 21 working days. The amount of payments taken into account for calculating average earnings for the period from June 1, 2009 to May 31, 2010 amounted to 252,000 rubles, 237 working days were worked out over the same period. Solution Let's calculate the amount of average earnings saved during the breaks for feeding the child. 1.1. First, we determine the number of days to be paid.

How are breaks for feeding a child up to 1.5 years old

Breaks for feeding the child should now be provided at least every 3 hours of astronomical time, including the time of her work, breaks related to working time (part 1 of article 91 of the Labor Code), and time for rest and eating. Accordingly, for an 8-hour work shift and a 7-hour work day, as well as a 6-hour work day with a lunch break, two breaks for feeding the child should be provided. 2. The option chosen by the woman to use the breaks for feeding the child (attaching the break for feeding the child to the lunch break or combining two breaks for feeding the child and transferring them in a summarized form both to the beginning and to the end of the working day (work shift) with its corresponding reduction ), is fixed in the schedule (routine) of the organization.

Attention

Such an order did not allow for a strict frequency of feeding the child and a regular diet, since it did not take into account that the child's need for nutrition arises at certain intervals of astronomical time. In the new edition of part 1 of the commented article, the words "continuous work" are excluded. Breastfeeding breaks are provided to working women Important Sample application for additional breaks for breastfeeding Full and reduced hours Based on the Supreme Court of the Russian Federation, women who breastfeed have the same number of working hours as other employees.

At the same time, the Labor Code provides for their start in automatic mode. It is worth noting that the norm is supposed not only for one child. If there are two or more children, then the break should be doubled.

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

How often is a break for feeding a child up to 15 years

How often a nursing break is provided Guarantees and benefits provided to women in connection with motherhood (limitation of night work and overtime work, involvement in work on weekends and non-working holidays, sending on business trips, granting additional holidays, establishing preferential treatment labor and other guarantees and benefits established by laws and other regulatory legal acts) apply to fathers raising children without a mother, as well as to guardians (custodians) of minors. The order to provide breaks for feeding the child A break for feeding the child is issued by order, based on the application of the employee. How often is a break given for feeding a child under 1.5 years of age Labor Code PART FOUR of the Labor Code of the Russian Federation.

PART FOURSection XII of the Labor Code of the Russian Federation.

How often is a break for feeding a child under 15 years old in

Calculation formula: Cz (1d) \u003d Zp (year) / 12: 29.3, where Cz (1d) is the average earnings for one working day, Zp (year) \u003d the amount of accrued wages for the entire calendar period, 12 is the number of months in a calendar period, 29.3 - the average number of days in a month (this value is taken by default, in accordance with paragraph 10 of the Regulations on the average salary). Thus, in the end we get: 180,000 / 12 / 29.3 \u003d 511.95 (rubles)

• Determine the proportion of average earnings that fell on breaks for feeding. For example, if the working day is 8 hours, and there are two feeding breaks, the total duration of which is 1 hour, the share of the break is 1/8 of the working time, or 0.125.
• Calculate the average earnings per break.

Women often work and take care of the baby at the same time. If the children are still small, the mother arranges a break for feeding. Find out how to do it right.

concept

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

A nursing break is a period given to working women for the purpose of breastfeeding. He joins the working hours and is paid.

Normative base

A guarantee giving an employee with a baby up to 1.5 years old the right to use a break to feed them is established by the Labor Code of the Russian Federation ().

Additionally, this moment can be resolved at the level of the employer in the collective agreement and the local act.

To whom are they provided?

The legislator names a list of persons who can take advantage of breaks in order to feed the baby.

Working women

First of all, a break for feeding a child is given to the mother of one or more babies under the age of 1.5 years. An employee may work full or part time. The exemption applies to associates.

The only time limit is that the duration of the work should be three hours or more. Otherwise, the woman is not allowed to take a break.

Father

A break is given to dad if he is raising a child without a mother. Adoptive parents and guardians of children are also entitled to take advantage of this guarantee.

military personnel

The Labor Code does not apply to military personnel. They are subject to legislation on the status of military personnel () and a presidential decree on military service ().

Based on the provisions of paragraph 9 of article 10 of the Federal Law No. 76, military personnel can use guarantees and compensations of normative acts on the protection of labor, motherhood and childhood. Consequently, they are given special periods of time to feed their children.

Right or duty of the employer?

The Labor Code establishes the obligation of the employer to arrange additional breaks for an employee who has a baby under 1.5 years old. However, it does not say directly that you need to write a statement.

It should be noted that for mothers raising children under 3 years old, this guarantee does not apply.

To implement this guarantee, the employer must be aware that the mother has such a right. In order to keep the employee's average earnings and take into account a break during working hours, an order will be required.

Duration

The duration of the breaks depends on how many one and a half year old children the employee has:

• If she has one baby, then after a three-hour period of working time, the mother can leave for 30 minutes to feed the child.
• Employees raising two or more kids under the age of 1.5 years, have the right to leave for an hour break every 3 hours.

For clarity, let's make a table with information showing how working time is reduced due to breaks:

Breastfeeding breaks in 2020

An employee is not entitled to refuse special time for feeding children.

How to apply?

If the employee works full time, you should write a statement.

Employees who are on parental leave and at the same time work part-time also write a statement. In this situation, in addition to the order, additions to the employment contract are drawn up, which indicate how long the breaks will last and at what time they will be provided.

Where to apply?

The employee should inform the employer that she has one or more children under 1.5 years old. Then she writes a statement, which is transferred to the personnel department.

How to write an application?

The application for a break is written in free form.

It is desirable to indicate how the right to breaks will be used:

• every 3 hours at 30 p.m.;
• add to lunch break;
• set at the beginning or end of the day.

An application form can be downloaded here:

Order

In all cases, the employer signs the order to provide breaks for feeding children.

A sample order can be downloaded here:

Payment

The break for feeding the baby is paid by the employer and is counted in the working time of the mother.

How are they paid?

The amount of payment for the periods used for feeding children is established on the basis of average earnings.

Calculation of average earnings

Average earnings are calculated on the basis of information about the income of the employee for the calendar year.

It must precede the month in which the employer began allowing nursing breaks.

Before the maternity leave, the employee was on maternity leave due to pregnancy and childbirth, therefore, it is allowed to take the time preceding the maternity leave as the basis for the calculation.

Weekends for the purpose of caring for disabled children, vacations, illnesses, downtime due to the fault of the employer, etc. are deducted from the time taken as the basis for the calculation.

Average earnings for breaks are calculated monthly. That is, every month the estimated time changes - 12 months. He always stands before the month in which time will be given for feeding babies.

Examples

Billing period: from March 2017 to March 2020 (12 months). The salary for the year is 190,000 rubles.

Calculation formula:

Avg. (1 day) \u003d W (1 year) / 12 months / 29.3

• Avg. (1 e) - average income for 1 day;
• Z (1 year) - the amount of salary received by the employee for 1 year;
• 12 - the number of months;
• 29.3 is the average number of days in a month.

As a result, we get:

190,000 / 12 / 29.3 = 540.38 rubles

We consider the amount of average earnings for a break for feeding the baby. For example, a working day is 8 hours. During this period, the employee took two breaks for a total of one hour. Break share - 1/8 or 0.125 working time.

Now we consider the average earnings during feeding: 540.38 * 0.125 = 67.55 rubles