Definition
By definition, a part-time employee follows a work schedule whose weekly duration is less than the normal working time applicable in the company. Breastfeeding time must therefore be apportioned by reference to the daily working time of the breastfeeding employee.
Labour Code
Article L.123-6 of the Labour Code provides that “Employees working part time benefit from the rights granted to full-time employees by law and by collective work agreements applicable in the establishment, subject, so far as concerns contractual rights, to any special arrangements provided for by the applicable collective work agreement.”
Article L.336-3 of the Labour Code on breastfeeding time provides that “at her request, a breastfeeding woman must be granted during a normal working day breastfeeding time divided into two periods of forty-five minutes each, respectively at the start and at the end of her normal daily work schedule [...]”.
The above-mentioned Article L.336-3 also requires employers to grant the free time needed for breastfeeding.
Part-time employees enjoying the rights granted to full-time employees may, therefore, claim breastfeeding time.
However, the duration and frequency of breastfeeding time guaranteed in Article L.336-3 are laid down for a “normal day’s work”.
Examples
For a part-time employee whose weekly working time of 20 hours is divided into 4 hours work from Monday to Friday, the breastfeeding time will cover a period of 45 minutes.
For a part-time employee whose working time is divided up differently according to the days of the week, for example 8 hours on Mondays and Tuesdays and 4 hours on Wednesdays, the breastfeeding time will be the same as that enjoyed by a full-time breastfeeding employee for Mondays and Tuesdays and a single period of 45 minutes for Wednesdays.
For a part-time employee working 6 hours per day, the breastfeeding time will be a period of 45 minutes and a period of 22.5 minutes.
Summary
Based on the principle that in the company in question the normal daily working time is 8 hours.
Daily working time | Breastfeeding time |
---|---|
1 hour |
11.25 minutes |
2 hours |
22.50 minutes |
3 hours |
33.75 minutes |
4 hours |
1 × 45 minutes |
5 hours |
1× 45 minutes and 1 × 11.25 minutes or 56.25 minutes |
6 hours |
1 × 45 minutes and 1 × 22.50 minutes or 67.5 minutes |
7 hours |
1 × 45 minutes and 1 ×33.75 minutes or 78.75 minutes |
8 hours |
2 × 45 minutes or 90 minutes (cf FAQ D7d2) |