Republic of the Philippines 20 Wt 208 Department of Labor and Employment Iowans fay Intramuros, Manila [e299 Fi deals yn DEPARTMENT ORDER NO. 41.3 Series of 2015, GUIDELINES GOVERNING EXEMPTION OF ESTABLISHMENTS FROM SETTING UP WORKPLACE LACTATION STATIONS Pursuant to. the provisions under Section 8, Rule Ill of the Implementing Rules and Regulations of RA 10028 (An Act Expanding the Promotion of Breastfeeding, Amending for the Purpose Republic Act No. 7600, Otherwise known as “An Act Providing Incentives to All Government and Private Health institutions with Rooming-in and Breastfeeding Practices and for Other Purposes” or the Expanded Breastfeeding Act of 2009 ), which provides that an application for exemption from setting up lactation station by a private establishment may be granted for a renewable period of two years by the DOLE Regional Director upon determination that the establishment of the facility is not feasible or necessary , the following Buidelines is hereby issued for the guidance of and compliance by all concerned. Section 1. Definition of Terms. As used in Republic Act 10028 and for purposes of this Order, the following terms are hereby defined: (2) “Expressing milk”. the act of extracting human milk from the breast by hand or by pump into a container. (b) “Lactation stations”. private, clean, sanitary, and well-ventilated rooms or areas in the workplace or public places where nursing mothers can wash up, breastfeed or express their milk comfortably and store this afterward. Also known as breastfeeding room/ area/station. (c) “Lactation periods” - paid or compensable break intervals in addition to the regular time-off for meals to breastfeed or express milk. These break intervals shall not be less than 40 minutes for every 8-hour working period. (4) “Nursing employee”. otherwise known as lactating employee; is any female worker, regardless of employment status, who is lactating or breastfeeding her infant and/or young child. (e} “Establishment” ~ refers to any private entity, whether operating for profit or not, employing individuals where work or any of its incidents are being undertaken, located In one office or workplace address. (f) “Act” —refers to Republic Act (RA) 10028 (g) “IRR” — refers to the Implementing Rules and Regulations of RA 10028 (h) “DOLE”- Department of Labor and Employment (i) “DOH”. Department of HealthSection 2. Exemptible establishments. An establishment may be covered by the exemption, provided that any of the following conditions are met at the time of application, and provided further that no female clients visit/transact with the establishment: (a) establishments with no nursing or lactating employee; (b) establishments with no pregnant employee. Section 3. Where to file application for exemption. The application shall be filed at the nearest Field Office (FO) of the DOLE having jurisdiction over said establishment. Section 4. Requirements for the filing of exemption. The following documents shall be either thru personal service, courier, registered mail or email {a) duly accomplished application form (can be downloaded at www.bwse.dole.gov.ph) signed by the owner/president/manager or their authorized representative; (b) copy of certificate of previous exemption (if applying for renewal of exemption). Two copies each of the above documents shall be submitted if filed through personal service, courier or registered mail. Section 5. Action on Application. The DOLE Regional Office (RO) shall, within fifteen (15) working days, from the date the application has been received by the DOLE RO, act on all applications. The DOLE FO shall review/verify the information stated in the application form. If necessary, it shall conduct a validation or ocular visit, interview the applicant establishment and worker's representative prior to the approval of the application. Section 6. Issuance of Certificate of Exemption. Upon determination that the accomplished application form is in order and that itis eligible for exemption, the DOLE Regional Office shall issue a certificate of exemption to the establishment. Section 7. Display and Validity of Certificate of Exemption. The original certificate of exemption issued by the DOLE or a copy thereof shall be displayed conspicuously at all times in the work/office premises of the establishment. This certificate of exemption shall be renewable every two years. The certificate of exemption shall be revoked at any time during the two-year period of exemption, if the conditions cited in Section 2 of this Order are no longer present. Section 8. Action on Disapproved Application. Where the establishment's application is disapproved, the DOLE FO shall; (2) indicate in the application form the reason(s) and recommendations and immediately return to the applicant establishment the application form filed; {(b) facilitate establishment's compliance and thereby advise the establishment to: set up a lactation station in accordance with the Prototypes/Models as provided under Part | of Annex A of this Order; or i, adopt the Lactation Station Equivalency Guide as provided under Part Il of Annex A of this Order in case it is not capable or it is not feasible to set up any of the prototype models; andiii, develop, in consultation with the workers, a workplace policy or clear set of guidelines that protects, promotes and supports breastfeeding program. (c) inform/advise the establishment of the administrative sanctions/penalties under RA 10028, which the DOH may impose upon private establishments for unjustifiable refusal or failure to establish lactation stations and/or observe mandated lactation periods for its nursing employees. Section 9. Reportorial and record-keeping requirements. The DOLE, being one among the government agencies identified as responsible in monitoring the implementation of RA 10028, as provided under Sections 29 and 30 of Rule Vill of the IRR, shall, through its regional offices keep a record of establishments which have been issued a Certificate of Exemption, monitor and ensure establishments’ compliance with this Guidelines and submit periodic reports to the Bureau of Workers with Special Concerns for the purpose cited under the next section. Section 10. Review of this Guidelines. This Order shall be reviewed after two to three years following its effectivity. Section 11. Effectivity. - This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation. ROSALINDA DIMAPILIS-BALDOZ Secretary 20 May 2015 Dept of Labor REmployment Ofte ofthe Secretary CINAnnex A of Department Order no, “Guidelines Governing Exemption of Establishments from Setting Up Lactation Stations” Part I Ecler uaa COPA ced Cae Soren ener Soar Gee Seer Model 1 Model 3 Model 4 * comer shieéed with seen foldable or | © Within he einie but | » Prvateroom * A combination of modes moval vier oral ctnet centring | "shielded fom view ty |S yevieleowe teaime | acm ivacyfor anemployectocxres mit | ascenar divide gee |” MAB Inde thectaie | L103 ‘© Non-negotiable: not to be located in the ftom intrusion. © Sink with running water | © Box, type = Velie © Near sink burnotto be | ¢ saa refigertoe # Can be moved from one Conine ith spout basin bow the |» May ormaynothave | ° Sialic to tore euaomaeees ‘water container collects the used water ‘eftigerator; expressed om Wi © Expressed milk kept in containers and milk to be stored in ares oath for “casi cawene aan Exped mi ae breast pumps (optional) |” table and comfonabie hai + Acomforatiectuir | © Comforabiechai and | © Retigeater is lcated © A comfortable chair and small table comfortable chair ‘ne ouside fhe and smal tate en «Weal ventiated "Model 4 may be appropriate for an establishment located in one building but with several loos © Establishment clustered in one area, focation or building may opt to adapt any of the four @) ‘Prototype models above where they can send ther lactating women employees. ‘commen facility shall be clearly stated in ther individual ‘breast Lactation Areas: © Not located in the toilet ‘* Free from any form of contamination like chemicals and possible source of infection, © No direct or indirect promotion, marketing and/or sale of infant formula or breastmilk substitutes Lactation Breaks: © Not ess than 40 minutes in the &-hour work period Usage/schedule may be negotiated thru coletive bargaining agreement ot in a written policy agreed upon by management and workers Lactation Support © Increase awareness on R.A. 10028"** and its IRR Programe: °* Provide information on combining breastfeeding and work once the employee returns to work « Link with the Department of Health, non-govemment organizations {nd professional groups through the local government units in their areas © Hand/paper towels, «© Logbook for daily registration of women. © Covered plastic cups, if available using the lactation room ‘© Covered trash can © Clock to monitor use of actation station ‘¢ Manually operated breast pump © Sticker paper/masking tape for labeling, © Electric fan/air-conditioner same and time of expression “RA, 10028 (As det Epandigth Prometon of Erasing, Ames the Pures Repl Act No 160, thre hnownas “An Act Poin Icouives to At Government and Private Heth lntatians with Reomirg is and Braifeting races cd fr Other Parpses) ee Part I EEO Cel cute ACC EE Option 2 Option 4 * Provision of [© Screened comer like | » Support the LGU installed ‘Support a common breastfeeding | a ting oom lactation facility in the area faclity and send fzpee, shawls ot | @ Provision of coolers | # Provision of breastfeeding capes, | ther lactating nursing covers | for storing expressed | shawls or nursing covers employees to use breastmilk © Provision of coolers mesa, Granting of not ess than 40 minutes lactation breals is mandatory Workplace Breastfeeding PolicyDEPARTMENT OF LABOR AND EMPLOYMENT REGIONAL OFFCENO, FELD OFFICE ‘Appteatoa a (For DOLE RO use ony) ete fee ‘APPLICATION FORM FOR EXEMPTION OF PRIVATE ESTABLISHMENTS FROM SETTING UP WORKPLACE LACTATION STATION INsTaucTions: +: Aopleaton my be ent tr emai” othe nares floc having Jardin over your etobisent. 2 Aopicaton sent hu personal sere, courte rte repetared ai should be eccompsied a cupcae. + For those epaivin Jor enewol of exemption plete extach coy of test cericte of exemption, "TO BE ACCOMPLISHED BY APPLICANT [Kind of Business/Economic Aa Principal Produc ESTABLISHMENT PROFILE Name of Establishment: Di branch Discemeer= Cesarean Cleawomien Clooneane MamedGwney | Name of Owner/ presdere/onooeaer Noture of business (Le, retall, agriculture, manufacturing) “otal number of workers eee eet) Number of females: Maling Adress: Number offerales in the age range fom 28 to 49 With Femiy Welfare rogram (FweJ? ves CINo ‘With Famy Welfare Committe (FWC) or sila structure? Oves Ono Toate economiczone "TYPE OF APPLICATION. (New Avotcstion ___ [JAaplcation for Renewal I. REASON(S) FOR APPLYING FOR EXEMPTION (please check appropriate box) O settng up isnot necessary because ofthe following 1) nursing or lactating employee (defined as female employee, regardless of employment status, who 'slactating or breastfeeding her infant or young cil) CT by nopregnent employee ©) no female cients vst/transact with the establishment (Ca. setting up a lactation station snot feasible due to peculiar circumstances inthe workslce (please speciy) ‘hereby ore thot the obove dota ond informetion shal be used reference in securing ur estobishment’setemstin fom setting-up of@ lactation stator ao hereby ove my consent that he cbov informetion shel ke subjected ovollatin,vercton, ond freer punpones consistent withthe objectives of RA 10028 futher cere theta af the above eration are true oné correc to Ue bet of my knowledge ot bel ana tht miszepresentavon, fle sctement, or foun ths ppleation or ony suparing docrentshllbe o ground fo dena conceleton orrevecotion of exemption. ‘Slerature over Printed Narn of Owner residen/Maroger ‘or Authorised Representative [ACTION TAKEN (To be accomplished by the REGIONAL OFFICE ONLY) Approved Certfeate No Cooenied Remarks/reason/s SU ‘Recomimendation/s: Within 10 (ten) working doys rom recelot ofthe return ofthis application form, you are advised tor Gi develop a workplace policy that protects, promotes and supports breastfeeding inthe workplace G setup iectation station adopting any ofthe prototype medels under Part of Annex A of Department Order No. B_acopt Equivalency Guide Option provided under Pat lof Annex A of Department Order No. ) Validatea/assesied by Recommending Approval "APPROVED: Name/Designation Name of Feld Office Head Regional Director Date: ate: ate: "Peas refer tothe ttoched DOLE Directory of Replonal Ofes._— at tan a eta omeas CAMANAVA (Cleacn, Mabon, Neves, Velnzua Fil OF Sih anes Stare Corer Won, doc Cy (Gy aster eam eho sera ‘Sloman co 402) 3965082 12} ibe ‘ tet Sleyshoncan Mena eld ofce {ries nti LMUNTAPARLAS (Morita, Taguig Parenagu, Ls Pras) F Ofce No 85 Ye Be ang 25s Ras Meno Uda aneics —raor fo2)ooe-0ead mmtvertooco PAPAMAMARSAN Pal Pateros, Mandaluyong, akin son en ie Oee “haan 7 So He Poy (cnet nee tac en esi Pimmsand an Laueren Gy Fee fee ‘ovata Aamnstatve Region ibaansnd organs ca feta aes ora Fl fee tl tn wt Ag es aguo Sengut Field oe Iireoie ee a Cats ahrsy Sleds congh ‘on i tage, ag Secinerdocen ratings ets Ofee Se ud as sorcery am gh Rete tion Maun oxi payee Seat Ofes Sr Bronco 1 Fetes ‘Alamo ist once Eira alumi, Mc Aish ugan leoursaen ‘agupan Fel fee fey army ene again reise Directory of DOLE Regional and Field Offices 1a Urien Fels of ese i te Snead yon aces Hore al Offce Regional tice No.2 ere. ones ey ‘StetzOgmom lenin com 2 Het omees agayan it ofnca (oowneerse Sst Cagayan Sub Oe \sbela ets once ‘emt one Goren Nueva Vite Fil Oc Grampa ming maa une Fas Osco atares oie terion cea Regional ace No.3 Te ees is a ees Ulecsomateon toda Benaices os el tees (oortariae einen ‘Siar Gorcom uae Fed fice te ten yc ie tees teesseymoicam Neer fj Fialdoffoe Pampanes Fil Ofc “nce Offer Seamed ematon Bees CB denen oy Regional ee No, 4 ian ten i aC chy pa (tester Taran turorsaa neces Soeteretuheacan tdok4sennvccam ah reece 0 44 ne oes sean ac Inaeeagtoncan| Stang roids! 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Director (Signature over Printed Name with Dry Seal) Date seed.