Breastfeeding hours after maternity leave

I am a director of human resource at a certain company in Tanzania. I would appreciate your advice regarding the working arrangements for breastfeeding mothers after they return from maternity leave in Tanzania. Could you please clarify the following:  first, what are the legally permitted working hours for a breastfeeding mother after maternity leave? Second, if a breastfeeding mother is allowed to leave work early, is she still entitled to a lunch break, or does the early departure replace the lunch hour? I would be grateful if you could advise on the applicable legal requirements and any relevant regulations.

FK, Mwanza

In Tanzania, matters relating to employment and labour relations are governed by the Employment and Labour Relations Act, Cap. 336 [R.E.2023] (the Act)]. In terms of section 34(10) of the Act, where an employee is breast-feeding a child, the employer is required to allow the employee to feed the child during working hours up to a maximum of 2 hours per day. Regarding the working hours for a breastfeeding mother after maternity leave, the Act does not create a separate reduced workday for breastfeeding mothers. Rather, the employee remains on her normal contractual working hours, but she is entitled to breastfeeding/nursing time of up to 2 hours per working day. In practice, employers and employees would agree on how the two hours will be used. This may take various forms including leaving work two hours earlier; or taking the time in one or more breaks during the day; or another arrangement that accommodates child breastfeeding.

Section 34(10) of the Act should be read together with the Employment and Labour Relations (General) Regulations, 2017 (the Regulations). Our review of regulation 15 of the Regulations reveals that a female employee is, for a period of not less than 6 consecutive months after maternity leave, allowed to leave the office for a maximum of two hours of her convenience during the working hours for breast feeding the child. Neither the Regulations nor the Act prescribes the exact timing of the 2 hours. Despite this leeway, the practice witnesses many breastfeeding mothers leaving work early to exercise this right.

On whether a breastfeeding mother who leaves work early is entitled to a lunch break, the Act gives a breastfeeding mother a 2 hour nursing time per day. The Act does not state that this entitlement replaces an employee’s ordinary meal or rest break. However, literal statutory interpretation would suggest that 2 hours for breastfeeding are additional to a meal rest, for these are two separate rights. This is justified by the fact that lunch break is given to the employees themselves while the breastfeeding hours, though given to the employee, are intended to protect the health of a child. In these circumstances, replacing meal hour with breastfeeding hours would defeat the purpose of the law. It should be noted that Tanzanian labour laws allow flexibility between employers and employees, which may be expressed through agreements. However, such flexibility is accommodated by law when the employee is not disadvantaged. This implies that flexibility should not take away employee’s statutory right. As such, it is not legally expected to have an agreement that allows deducting meal hour from statutory breastfeeding hours, for that would defeat purpose of the law.

Lastly, considering the silence of the Act regarding when the 2 hours for breastfeeding should be taken, employers regulate this through internal policy or arrangement, which has led to what is referred to as ‘working half day’. Should you need further guidance, you may consult your lawyer.

Lending money for profit

I am a university student in Tanzania pursuing a degree in Statistics and Finance. To help meet my school expenses, I used part of my Higher Education Students’ Loans Board (HESLB) funds to lend money to fellow students at an agreed interest rate. To secure repayment, I would keep collateral such as educational certificates, National ID cards and other personal items. Recently, someone informed me that I may have committed an offence by engaging in money lending without the required licence. I am confused because it is my own money that I was lending and how can it be illegal to lend out my own money?

AB, Dar es Salaam

Your question raises an important issue under Tanzanian law. While a person is generally free to lend his or her own money to another person, the legal position may change where the lending is conducted as a business and for the purpose of making profit. In Tanzania, microfinance activities are regulated by the Microfinance Act (the Act). Under section 16 of the Act, a person is prohibited from conducting microfinance business without obtaining the appropriate licence or authorisation. The purpose of this requirement is to protect borrowers and ensure that persons engaging in lending activities comply with the applicable regulatory standards. The fact that the money belongs to the lender does not, by itself, exempt the activity from the ambit of the regulatory authorities.

Whether your conduct amounts to a regulated microfinance business will depend on the circumstances. Factors that may be considered include whether the lending was carried out repeatedly, whether interest was charged, whether the activity was intended to generate profit and whether it was conducted in a manner resembling a business rather than a one-off or occasional personal loan. Based on the facts you have provided, lending money to fellow students at interest and taking collateral as security may suggest that the activity was being undertaken on a commercial basis.

If it is established that you were conducting a microfinance business without the required licence, this may constitute an offence under the Act and could attract penalties, including fines or imprisonment. It is therefore important to seek legal advice and discontinue any lending activities that may require regulatory approval until you have clarified your position under the law. Your lawyer will be able to advise you further after considering all the relevant circumstances.