Breastfeeding Break Request Colombia (Solicitud de Licencia de Lactancia)

A Breastfeeding Break Request Colombia (Solicitud de Licencia de Lactancia) is a formal written application submitted by a nursing mother to her employer requesting the two daily paid breaks for breastfeeding or breast milk extraction established under Article 238 of the Codigo Sustantivo del Trabajo (CST). Article 238 grants every lactating worker two rest periods of 30 minutes each during the workday, within the first six months following the birth of the child, without any reduction in salary or benefits.

The constitutional basis for breastfeeding breaks in Colombia rests in Articles 43 and 44 of the Constitucion Politica de 1991. Article 43 declares that women shall not be subjected to any form of discrimination during pregnancy or after childbirth, and that the State shall provide special assistance and protection to women during pregnancy and postpartum. Article 44 establishes the fundamental rights of children — including the right to adequate nutrition — as prevailing over the rights of others, creating a constitutional mandate for workplace accommodations that support breastfeeding.

The Corte Constitucional has reinforced the breastfeeding break right through multiple rulings, including Sentencia T-872 de 2004 and Sentencia T-1203 de 2008, holding that the employer's failure to grant lactation breaks constitutes a violation of the fundamental rights of both the mother and the infant. Under the principio de interes superior del menor established in Article 44 of the Constitution and codified in Ley 1098 de 2006 (Codigo de la Infancia y la Adolescencia) Article 8, the rights of the nursing child take priority in any conflict between the employer's operational needs and the mother's breastfeeding schedule.

Ley 1823 de 2017 — known as the Ley Salas Amigas de la Familia Lactante del Entorno Laboral — requires all employers with workplaces housing more than 50 workers, and all public-sector entities, to establish lactation rooms (salas amigas de la familia lactante) equipped with refrigeration, a comfortable chair, a hand-washing station, and adequate privacy. The Ministerio de Salud y Proteccion Social issued Resolucion 2423 de 2018 establishing technical standards for lactation rooms, including minimum area requirements, ventilation standards, and hygiene protocols. Employers who fail to implement lactation rooms face administrative sanctions from the Direccion Territorial del Trabajo under Ley 1610 de 2013.

The economic cost of the breastfeeding break is borne entirely by the employer — unlike maternity or paternity leave, the EPS (Entidad Promotora de Salud) does not reimburse the employer for the time spent during lactation breaks. The two daily 30-minute breaks are considered paid working time under CST Article 238 and must not be deducted from the worker's salary, vacation entitlement, or any other prestacion social.

Decree 1072 de 2015 — the Decreto Unico Reglamentario del Sector Trabajo — consolidates regulatory provisions governing maternity protection, including breastfeeding breaks. Chapter 1 of Title 3 of Part 2 of Decreto 1072 addresses the employer's obligations regarding maternity and lactation protections. The Ministerio del Trabajo (MinTrabajo) enforces compliance through workplace inspections under CST Articles 485 through 487, with the Direccion Territorial del Trabajo authorized to impose fines of up to 5,000 SMLMV under Ley 1610 de 2013 Article 7 for violations of maternity and lactation protections.

Article 239 of the CST establishes the fuero de maternidad (maternity protection), prohibiting dismissal of pregnant workers or workers within the lactation period without prior authorization from the Ministerio del Trabajo. The Corte Constitucional in Sentencia SU-070 de 2013 consolidated the jurisprudential criteria for maternity protection, holding that the fuero extends throughout pregnancy and the lactation period. Dismissal of a nursing mother without MinTrabajo authorization is null and void, entitling the worker to reinstatement with full back pay under CST Article 239 paragraph 3.

The World Health Organization (WHO) and UNICEF recommend exclusive breastfeeding for the first six months of life, a standard adopted by Colombia's public health policy through Decreto 1397 de 1992 and the Plan Decenal de Lactancia Materna 2010-2020. The Solicitud de Licencia de Lactancia serves as the formal mechanism for mothers to exercise this workplace right and document compliance for both the employer's personnel records and MinTrabajo inspections.

Under Resolucion 2764 de 2022, employers must assess psychosocial risk factors in the workplace, and the denial or obstruction of breastfeeding breaks is recognized as a contributing factor to occupational stress affecting both the mother's mental health and the infant's nutritional welfare. The Comite Paritario de Seguridad y Salud en el Trabajo (COPASST) under Resolucion 2013 de 1986 has an advisory role in monitoring that lactation accommodations are properly implemented within the employer's Sistema de Gestion de Seguridad y Salud en el Trabajo (SG-SST) framework.

A Breastfeeding Break Request Colombia is needed when a female employee returns to work following her 18-week maternity leave (licencia de maternidad under CST Article 236, as modified by Ley 1822 de 2017) and begins the six-month lactation period during which CST Article 238 grants two daily 30-minute nursing breaks. The formal written application creates a documented record of the employee's request and the employer's obligation to accommodate breastfeeding within the workplace.

The Solicitud de Licencia de Lactancia is required when the mother resumes her duties under any type of employment contract — a contrato a termino indefinido under CST Article 45, a contrato a termino fijo under CST Article 46, or a contrato por obra o labor determinada. Part-time workers (trabajadores a tiempo parcial) and workers on flexible schedules under Ley 2101 de 2021 are equally entitled to lactation breaks proportional to their working hours, though the minimum of two daily breaks applies to all workers completing a standard workday.

A nursing mother working for any Colombian employer — whether a Sociedad por Acciones Simplificada (SAS) under Ley 1258 de 2008, a public-sector entity governed by Ley 909 de 2004, or a small business operated by a persona natural — must submit the breastfeeding break request to formalize the schedule accommodation. The application triggers the employer's obligation under Ley 1823 de 2017 to provide access to the lactation room (sala amiga de la familia lactante) where the mother can nurse or extract breast milk in privacy and sanitary conditions.

The request is needed when a mother who has adopted a child under the age of six months exercises her right to the same lactation break entitlement as biological mothers. The Corte Constitucional in Sentencia T-999 de 2003 extended breastfeeding-related protections to adoptive mothers, recognizing that the bonding and feeding relationship between an adoptive mother and child deserves the same legal protection as a biological one under the principio de igualdad of Article 13 of the Constitution.

The application is also necessary when a nursing mother needs to modify the specific times of the daily breaks due to changes in her work schedule, the child's feeding pattern, or medical recommendations from the pediatrician or the EPS. The employer must accommodate reasonable schedule adjustments within the six-month lactation period, prioritizing the nutritional needs of the infant under Article 44 of the Constitution.

Foreign nationals working in Colombia under a visa de trabajo issued by Migracion Colombia per Decreto 1067 de 2015 are equally entitled to breastfeeding breaks, provided they hold a valid employment contract and are affiliated to the Sistema General de Seguridad Social en Salud. The application should reference the worker's cedula de extranjeria and EPS affiliation to confirm eligibility.

The application is further required when the employer implements shift work (trabajo por turnos under CST Article 165) or rotating schedules that affect the timing of the two daily breaks. Night-shift nursing mothers retain the same two-break entitlement under CST Article 238, and the employer must adjust the break schedule to align with the nocturnal workday while maintaining compliance with the night surcharge provisions of CST Article 168. The Reglamento Interno de Trabajo under CST Articles 104 through 125 should include specific provisions for lactation break scheduling across all shift patterns, and the application triggers the employer's review of these internal regulations.

A valid Breastfeeding Break Request Colombia under Article 238 of the Codigo Sustantivo del Trabajo and Ley 1823 de 2017 must contain the following elements to formalize the lactation break schedule and document the employer's compliance obligations under Decreto 1072 de 2015.

Employee Identification: Full legal name of the nursing mother, cedula de ciudadania number (for Colombian nationals) or cedula de extranjeria (for foreign residents), job title (cargo), department or area, and contact information including phone number and email address. The identification must match the records in the Planilla Integrada de Liquidacion de Aportes (PILA) to confirm active social security affiliation.

Employer Information: Legal name (razon social) of the company, NIT (Numero de Identificacion Tributaria) assigned by the DIAN, and the name and title of the direct supervisor or human resources manager to whom the application is addressed. For employers subject to Ley 1823 de 2017, the application should reference the existence (or requested establishment) of the workplace lactation room.

Child Information: Full name of the child as recorded on the Registro Civil de Nacimiento issued by the Registraduria Nacional del Estado Civil, date of birth, and the NUIP (Numero Unico de Identificacion Personal). For adoptive mothers, the sentencia judicial de adopcion or the administrative adoption resolution from the Instituto Colombiano de Bienestar Familiar (ICBF) replaces the birth certificate.

Maternity Leave Dates: The start and end dates of the 18-week maternity leave (licencia de maternidad under CST Article 236 as modified by Ley 1822 de 2017), establishing the date on which the six-month lactation break period begins. Under CST Article 238, the two daily breaks start from the date the mother returns to work after maternity leave and continue for six months from the date of birth or adoption.

Requested Break Schedule: The specific times proposed for the two daily 30-minute breaks, considering the workday schedule established in the employment contract. CST Article 238 does not prescribe specific times — the mother and employer should agree on a schedule that accommodates both the child's feeding needs and the employer's operational requirements. Common arrangements include breaks at mid-morning and mid-afternoon, though the schedule should remain flexible to adapt to the infant's evolving feeding pattern.

Lactation Room Request: Where the employer has more than 50 workers or is a public-sector entity, a reference to the lactation room established under Ley 1823 de 2017 and Resolucion 2423 de 2018 of the Ministerio de Salud y Proteccion Social. Where no lactation room exists and the employer is not legally required to provide one, the application should request designation of a private, hygienic space for breastfeeding or breast milk extraction.

EPS Affiliation: Name of the Entidad Promotora de Salud (EPS) to which the mother is affiliated under the Regimen Contributivo of Ley 100 de 1993. Although the EPS does not reimburse lactation breaks, the EPS affiliation confirms the worker's active participation in the social security system and supports any future medical certifications regarding the duration of breastfeeding.

Medical Certification (Optional): A certificate from the attending pediatrician or the EPS medical professional recommending continued breastfeeding beyond the standard six-month period. While CST Article 238 establishes six months as the default lactation break period, the Ministerio de Salud y Proteccion Social — aligned with WHO and UNICEF guidelines — recommends continued breastfeeding up to two years, and medical certification may support an extension request.

Signature and Date: The mother's handwritten or digital signature, the date of submission, and the city where the application is filed. The employer's signature or stamp confirming receipt should appear on a copy retained by the worker as proof of timely submission.

Data Protection Considerations: Under Ley 1581 de 2012 (Ley de Proteccion de Datos Personales) and Decreto 1377 de 2013, the personal and health-related data contained in the breastfeeding break application — including the mother's identification, the child's birth information, and any medical certifications — qualifies as datos sensibles (sensitive personal data) under Article 5 of Ley 1581. The employer must process this data exclusively for employment management and SG-SST compliance purposes, with appropriate security measures and restricted access. The Superintendencia de Industria y Comercio (SIC) serves as the enforcement authority for any data protection violations related to employee health information.

Employer Acknowledgment and Compliance Record: A dedicated section where the employer or human resources representative confirms receipt of the application, acknowledges the obligation to provide the two daily 30-minute breaks under CST Article 238, and records the agreed-upon schedule. The acknowledgment serves as evidence of compliance during MinTrabajo workplace inspections under CST Articles 485 through 487. The employer must retain the acknowledged application and any schedule modifications in the worker's personnel file under Decreto 1072 de 2015 for at least three years after the lactation period ends per the prescriptive period of CST Article 488.

Forms-legal.com provides this Breastfeeding Break Request Colombia template as a starting point for mothers exercising the lactation break right under Colombian law. Each application should be reviewed against the specific employer's internal policies and the applicable Resolucion from the Ministerio de Salud y Proteccion Social. The Ministerio del Trabajo, through its Direcciones Territoriales, oversees employer compliance with lactation break obligations and may impose sanctions under Ley 1610 de 2013 for violations.