Breastfeeding Rights in the Workplace: Key Takeaways from the KFC Case
In 2025, a manager at a KFC restaurant in Australia was awarded $90,000 in compensation after her employer failed to support her need to express breastmilk during work hours. This landmark case is the first of its kind in Australia and highlights critical lessons for both employers and employees about breastfeeding rights in the workplace. Understanding these lessons can help create more supportive, fair, and legally compliant work environments.
Why the KFC Case Matters
This case is significant because it brings attention to the challenges breastfeeding employees face at work. Many workplaces still lack proper facilities or policies to support breastfeeding, which can lead to discrimination or unfair treatment. The KFC case shows that employers have a legal and ethical responsibility to accommodate breastfeeding needs.
The manager in this case was unable to express breastmilk during her shifts due to a lack of private space and the employer providing alternatives where the private space was not offered. This failure not only affected her health and wellbeing but also violated her rights. The compensation awarded sends a clear message that such neglect is unacceptable.
Legal Obligations for Employers
Employers must understand their legal duties regarding breastfeeding employees. Australian workplace laws require employers to provide reasonable support for breastfeeding or expressing breastmilk. This includes:
Allowing flexible breaks for expressing milk
Providing a clean, private, and safe space (not a bathroom) for expressing milk
Ensuring policies do not discriminate against breastfeeding employees
Failure to meet these obligations can lead to legal claims, as seen in the KFC case. Employers should review their workplace policies and facilities to ensure compliance.
Practical Steps Employers Can Take
To avoid similar issues, employers can take several practical actions:
Create a breastfeeding policy that clearly outlines support measures and employee rights.
Designate a private room with comfortable seating, electrical outlets for breast pumps, and refrigeration for milk storage.
Train managers and supervisors to understand breastfeeding rights and how to support employees.
Offer flexible scheduling or break times to accommodate expressing milk without penalty.
Communicate openly with breastfeeding employees to understand their needs and provide tailored support.
These steps not only comply with legal requirements but also improve employee satisfaction and retention.
Benefits of Supporting Breastfeeding Employees
Supporting breastfeeding at work benefits both employees and employers. For employees, it promotes health, reduces stress, and helps balance work and family life. For employers, it can lead to:
Inclusion, sustainability and productivity goals met
Lower absenteeism due to healthier babies and their mothers
Increased employee loyalty and morale
Positive workplace culture and reputation
Compliance with laws, reducing risk of legal action
The KFC case highlights that neglecting these needs can have financial and reputational costs.
What Employees Should Know
Employees also have a role in advocating for their breastfeeding rights. They should:
Understand their legal rights to breaks and facilities for expressing milk
Communicate their needs clearly with their employer or HR department
Request reasonable accommodations early to allow time for arrangements
Seek advice or support from workplace health services or legal bodies if needed
Knowing these rights empowers employees to ensure they receive fair treatment.
Moving Forward: Creating Inclusive Workplaces
The KFC case is a wake-up call for workplaces across Australia. It shows that breastfeeding discrimination is real and costly. Employers who act proactively to support breastfeeding employees create more inclusive, fair, and productive environments.
By implementing clear policies, providing appropriate facilities, and fostering open communication, workplaces can respect breastfeeding rights and avoid legal pitfalls. This case should inspire all employers to review their practices and make necessary improvements.
Supporting breastfeeding employees is not just a legal duty but a step toward a healthier, more supportive workplace for everyone.
Dr Rachel McDonald PhD is a consultant who can assist employers, businesses and government entities to accommodate employees to breastfeed or express. To make a booking for a consult to move forward, email rachel@rachelmcdonaldconsultant.com
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