Who is actually entitled to time off for breastfeeding?
"The Working Environment Act gives all employees the right to time off for breastfeeding.
"It is important to distinguish between the right to time off for breastfeeding and the right to paid time off for breastfeeding. The right to time off is the same for everyone, while the rules on pay vary between sectors and depend on which collective agreement covers you."
Time off for breastfeeding: key facts
All employees: Entitled to time off for breastfeeding as needed.
Private sector: Up to one hour of paid time off for breastfeeding a day until the child turns one, provided the working day is at least seven hours.
Central government: Up to two hours of paid time off for breastfeeding a day until the child turns two for full-time employees.
Local government: Up to two hours of paid time off for breastfeeding a day until the child turns one. Paid time off may also be granted after that where the child has a particular need.
Collective agreements: May provide better rights than the Working Environment Act.
Timing: The employee's needs determine when time off for breastfeeding is taken. Your employer cannot simply schedule it at the start or end of the day.
After the first year: The right to time off itself continues if there is a need for it, but the right to pay depends on the law, collective agreements and sector.
How much time off for breastfeeding can I take?
"There is no fixed limit on the number of minutes or hours you can take off to breastfeed. Your need to breastfeed your child is what determines how much time off you need.
"This means your employer cannot set a general rule that, for example, you may only take half an hour or one hour off to breastfeed if your need is greater."
Can my employer decide when during the day I take time off for breastfeeding?
"No, not as a starting point. The employee's needs determine both how much time off for breastfeeding is needed and when during the working day it is taken.
"Your employer therefore cannot unilaterally decide that time off for breastfeeding must always be taken at the start or end of the working day simply because that suits the organisation better."
But what if time off for breastfeeding causes problems for my employer?
"Your employer naturally needs to plan its operations, but operational needs do not give your employer the right to set aside your right to time off for breastfeeding.
"If time off for breastfeeding creates staffing or practical challenges, it is your employer's responsibility to deal with them. Low staffing levels, for example, are not in themselves a reason to refuse an employee time off for breastfeeding."
Can my employer tell me to take time off for breastfeeding at lunchtime?
"No, not if that does not match your needs. Your employer cannot arrange for time off for breastfeeding to be taken at a set time simply to fit it into the work schedule.
"Time off for breastfeeding must be linked to the actual need to breastfeed."
Can I take time off for breastfeeding at the start or end of the working day to shorten my day?
"Time off for breastfeeding must be taken on the basis of the need to breastfeed your child. This means the arrangement is not intended as a general way to shorten the working day.
"Your employer may therefore object if the time off is in practice used in a way that is unrelated to the need to breastfeed."
How long am I entitled to time off for breastfeeding?
"The right to time off for breastfeeding itself is not limited to the child's first year. An employee who is still breastfeeding may also be entitled to time off after the child's first birthday.
"However, it is important to distinguish this from the right to pay, where different rules apply."
When am I entitled to pay during time off for breastfeeding in the private sector?
"Under the Working Environment Act, you are entitled to pay for up to one hour of the time off for breastfeeding you need per working day, provided your working day is seven hours or longer. This applies until your child turns one.
"The seven hours include natural unpaid breaks, such as a lunch break."
So if I work eight hours, am I entitled to one hour of paid time off for breastfeeding?
"Yes, provided the other conditions are met. The Working Environment Act then gives you the right to pay for up to one hour of time off for breastfeeding per working day until your child turns one.
"If you need more than one hour, you are still entitled to the time you actually need. However, the part not covered by the right to pay will be unpaid unless you have better terms under a collective agreement or other agreement."
What if I work less than seven hours a day?
"You are still entitled to time off for breastfeeding, but the provision in the Working Environment Act on pay during time off for breastfeeding does not apply in the same way.
"In other words, you are entitled to as much unpaid time off for breastfeeding as you need. There is also no upper age limit for the child when it comes to the right to unpaid time off itself."
What about the private sector? Can I be entitled to two hours of paid time off for breastfeeding here too?
"Yes. The Working Environment Act sets out minimum rights, but collective agreements may provide better terms.
"This means a number of employees in the private sector are entitled to more than one hour of paid time off for breastfeeding a day, or to paid time off for a longer period than the law provides.
"It is therefore a good idea to check which collective agreement applies at your workplace."
What rules apply if I work in central government?
"Here, the rights are better than the minimum rules in the Working Environment Act. As a general rule, central government employees in full-time positions are entitled to up to two hours of paid time off for breastfeeding per working day until the child turns two.
"This is an important difference between central government and the minimum rules under the Working Environment Act."
What about local government employees?
"Local government also offers better rights than the minimum in the Working Environment Act. Under the collective agreement provisions, employees are entitled to up to two hours of paid time off for breastfeeding a day until the child turns one.
"Where the child has a particular need, paid time off for breastfeeding may also be granted beyond the child's first year.
"The City of Oslo also has provisions for up to two hours of paid time off for breastfeeding a day until the child turns one. However, there are some differences between full-time and part-time employees, so part-time employees should check which rules apply to their percentage of a full-time position."
And if I work for the City of Oslo?
"Here too, paid time off for breastfeeding may be granted beyond the child's first year where the child has a particular need."
What should I do if my employer refuses me time off for breastfeeding?
"First, I would recommend raising the matter with your employer and explaining your needs. It may be helpful to refer to the rules on time off for breastfeeding and to check which collective agreement applies at your workplace.
"If you cannot reach a solution, you can contact your trade union for help. You can also contact the Norwegian Labour Inspection Authority. Disputes about the right to time off for breastfeeding can also be brought before the Dispute Resolution Board."
What is the most important thing you would say to women who are unsure of their rights?
"The most important thing is to know that you have a statutory right to time off for breastfeeding. Your employer cannot simply say no because it is inconvenient for the organisation.
"At the same time, it is important to check whether you have better rights than those provided by the Working Environment Act. For public sector employees and employees covered by a collective agreement in particular, the right to paid time off for breastfeeding may be considerably better.
"In other words, there are two important questions to ask yourself: how much time off for breastfeeding do I need, and how much of that time am I entitled to be paid for?"
Considering taking unpaid leave? Read our advice on what to bear in mind.
