With the aim of providing a private, comfortable and hygienic space where breastfeeding workers can extract breast milk and guarantee their fundamental right to human dignity by adequately fulfilling and simultaneously merging them as workers and mothers, the Law 1823 of 2017, will oblige from this January 3, 2022 all companies with a capital greater than 1500 minimum wages or that in case of having a lower capital have more than 50 workers, to implement a physical space called “friendly rooms for the nursing family”, to transport breast milk home and have it available to feed the baby in the mother’s temporary absence.
According to experts in labor law, this must be a room that must comply with the technical parameters specified in Resolution 2423 issued by the Ministry of Health and Social Protection, since June 8, 2018, which orders that the nursing room have between others, a large freezing area so that containers where milk is stored can be stored, a digital thermometer with a calibrating probe to install in the freezer or refrigerator, garbage collection bags, access to drinking water and a training plan for pregnant women and nursing mothers.
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“This law meets the need to provide adequate and healthy food to young infants, thus guaranteeing their life and health in the best possible conditions. This is why friendly rooms must comply with the required health budgets, “said Adriana Escobar, Partner of CMS Rodríguez-Azuero,
It is important to remember that those companies with more than 1000 employees had until January 3, 2019 to make the adjustments and implement them, and for companies with less than 1000 employees as stated above, the maximum implementation deadline was set for January 3, 2022.
In addition to the conditions explained, It is a legal requirement to register the friendly wards of the nursing family with the health secretary of the municipality or district where it is located and operating specifying the branch or company, including the business name, the name of the legal representative and the NIT.
For this reason, It is likely that the Health Secretariats will begin to exercise control, requiring or inspecting the Companies in order to verify compliance with this provision.
“Failure to comply with this legal provision, can become sanctions imposed directly by the Ministry of Health at the national or departmental level and they can range from reprimands, fines up to 10,000 minimum wages or even the temporary or permanent closure of the branch or companies due to non-compliance with public health standards, “explained Escobar.
