Maternity, Breastfeeding, and Work: How to Reconcile Them?
Luxembourg law provides a clear answer: breastfeeding at work is not a privilege, it is a right.
The regulations regarding breastfeeding time are set out in Article 336-3 of the Luxembourg Labor Code. Specifically, if you request it, you are entitled to breastfeeding time during your workday. This consists of two periods of 45 minutes, one at the beginning and one at the end of your normal working hours.
If your workday is only interrupted by a one-hour break, these two periods can be combined into a single 90-minute breastfeeding period. This option also applies if you are unable to breastfeed your child near your workplace.
Key Point: This time is considered actual working time and is paid as normal.
To benefit from this breastfeeding time, you must submit a written request to your employer. The law does not set a specific deadline, so you are free to make the request at any time as soon as you wish to exercise this right.
Furthermore, the regulations do not require a medical certificate. In practice, however, your employer may request a certificate confirming the breastfeeding. In that case, you simply need to ask your doctor for the certificate and provide it to your employer.
Here is a sample letter you can use to request breastfeeding time from your employer : https://www.csl.lu/app/uploads/2020/12/mt-21-demande-en-vue-de-beneficier-dun-temps-dallaitement.docx .
In practice, many cross-border workers consult us regarding the application of this right. Here are the most frequently asked questions, along with our answers.
I work part-time should my breastfeeding breaks be reduced in proportion to my working hours?
The answer to this question depends on your daily working hours. Indeed, the duration and frequency of breastfeeding breaks guaranteed under Article L.336-3 of the Luxembourg Labour Code are based on a “normal working day.” In Luxembourg, a normal working day is 8 hours.
Based on this principle:
- If you work part-time but have 8-hour days:
You are entitled to 2 x 45-minute breaks or a single 90-minute breastfeeding break, depending on your situation.
Example: An employee works 80% (Monday, Tuesday, Thursday, and Friday) and completes full 8-hour workdays. She is entitled to 2 x 45 minutes or 90 minutes of breastfeeding time, depending on her situation. - If your working days are shorter than 8 hours:
Your breastfeeding time must be pro-rated. Below is a summary table showing the breastfeeding time you are entitled to, based on your daily working hours :
| Daily working hours | Breastfeeding time |
| 1 hour | 11,25 minutes |
| 2 hours | 22,50 minutes |
| 3 hours | 33,75 minutes |
| 4 hours | 1 x 45 minutes |
| 5 hours | 1 x 45 minutes + 11.25 minutes (or 56.25 minutes total) |
| 6 hours | 1 x 45 minutes + 22.50 minutes (or 67.5 minutes total) |
| 7 hours | 1 fois 45 minutes et 1 fois 33,75 minutes ou 78,75 minutes |
| 8 hours | 2 x 45 minutes (or 90 minutes total) |
If you work part-time with varying hours depending on the day:
Your breastfeeding time is adjusted to your actual working hours that day.
Example: An employee works full 8-hour days at the beginning of the week and a 4-hour half-day on Wednesday. Her breastfeeding time will be adjusted accordingly — the full entitlement for 8-hour days and 45 minutes for the 4-hour day.
Is entitlement to breastfeeding breaks conditional on a certain length of service with the company?
No, the right to breastfeeding breaks is linked to the status of the breastfeeding mother, not to her length of service with the company.
You can therefore benefit from it even if you have little seniority or are still on a probationary period.
Do I have any special protections as a breastfeeding woman?
Yes. If you work in an occupation covered by health insurance in Luxembourg, you are entitled to specific protections, including:
- You cannot be required to work overtime.
- You can request to be exempted from night work when it poses a risk to your health or safety (this exemption is valid until the child’s first birthday).
What is the duration of the right to breastfeeding breaks?
Under Luxembourg law, there is no legal provision limiting the duration of the right to breastfeeding breaks for a breastfeeding woman.
Consequently, this right remains in effect as long as breastfeeding continues, and a medical certificate can, if necessary, confirm it.
