Breastfeeding at Work Redefined: Puerto Rico’s New Code Ushers in Major Changes

Takeaways

• The groundbreaking Lactation/Breastfeeding Code, signed into law 08.01.25, repeals Law 427-2000 and replaces it entirely, along with multiple other lactation-related laws.
• Employees, regardless of whether part-time or full-time, are now entitled to no less than one paid hour per workday to breastfeed their child or express breastmilk, for a minimum of 12 months after returning from maternity leave.
• Employers must notify all employees of their rights under the new code.

Related links 

• Puerto Rico New Act 29-2025: Essential Employer Obligations for Breastfeeding/Pumping Activities
• Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act

Article

Puerto Rico has enacted a groundbreaking Lactation/Breastfeeding Code that consolidates in one statute the rights of breastfeeding employees and the responsibilities of employers across the Island.

Signed into law on August 1, 2025, through Senate Bill 476, the “Código de Lactancia de Puerto Rico” (“Code”), repeals Law 427-2000, which was amended earlier this summer. The new Code establishes, for the first time, a comprehensive public policy in favor of breastfeeding and consolidates workplace protections under a single statute.

The new Code goes beyond mere reorganization. It broadens employee entitlements, strengthens employer obligations, and introduces enhanced enforcement mechanisms — including potential civil and criminal liability for noncompliance.

A New Era of Breastfeeding Protections in Puerto Rico

The Code establishes a modernized and comprehensive framework for addressing lactation in the context of maternal and child health. It sets forth breastfeeding as a matter of public policy, acknowledges the individual’s right to choose to breastfeed, and addresses lactation in the workplace.

The Code includes interpretive mandates to guide its application. It provides that all provisions of the Code, its implementing regulations, and any complementary laws must be interpreted in the manner most favorable to the lactating mother.

To promote clarity and consistency in application, the statute includes an entire article dedicated to definitions, setting out 16 defined terms — some of which are newly introduced, while others expand on prior definitions. These include terms such as “lactating mother,” “extraction of breast milk,” “lactation room,” “full-time and part-time work,” “hygienic,” and “safe space.” These definitions are essential for interpreting the law uniformly across both the public and private sectors.

Expanded Workplace Obligations

The Code establishes obligations for both public and private employers to provide working mothers with the opportunity to breastfeed their child or express milk during a reasonable period each workday. While the period must be reasonable based on the employee’s needs, it sets a statutory minimum: the time allowed for this purpose must not be less than one hour per day and must be treated as time worked — meaning it cannot result in any reduction in pay.

This represents a notable expansion from the prior framework under Law 427-2000, as under the new Code, protections expressly expand part-time employees’ rights, who are now also entitled to no less than one paid hour per workday for lactation purposes.

Unlike the prior Law No. 427-2000, which required the presentation of a medical certificate, the Code explicitly states the use of lactation breaks cannot be conditioned on the presentation of a medical certificate. Additionally, the right to use this time applies for at least 12 months following an employee’s return from maternity leave, with the possibility of further extension by employer policy or mutual agreement.

Finally, the Code reiterates the prohibition of retaliation against employees for exercising their rights, including any form of discipline, demotion, negative evaluations, shift changes, or termination based on the use of lactation time.

Infrastructure and Policy Updates

Every employer is now expressly required to provide a dedicated lactation space that meets specific minimum standards. This space must:

• Not be a restroom; and
• Be equipped with a locking door, seating, electric outlets, refrigeration for limited use of storing breastmilk, and access to water.

These requirements also apply to government buildings, public schools, the University of Puerto Rico, malls, airports, and service centers with significant foot traffic. Private institutions of post-secondary education are also covered.

Existing employer policies should be reviewed and updated accordingly and be clearly communicated to all employees.

Application to Unionized Private-Sector Employees

The Code explicitly allows collective bargaining agreements in the private sector to expand upon the rights it establishes. However, no collective bargaining agreement may reduce or waive the minimum rights and protections established under the Code. This preserves unions’ ability to improve conditions for their members while safeguarding the baseline rights afforded by statute.

Enforcement and Penalties

The Code significantly strengthens enforcement compared to Act 427-2000 by introducing administrative, civil, and criminal penalties for violations. The Office of the Women’s Advocate and the Department of Labor now share authority to investigate and prosecute noncompliance, with regulations to be issued outlining procedures and fines.

Coordination with Federal Law: The PUMP Act and PWFA

In addition to the requirements imposed by Puerto Rico’s new Code, employers must ensure compliance with federal workplace protections, particularly the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act.

Puerto Rico employers should ensure their policies and facilities comply with both local and federal standards, particularly when federal law offers broader protection or covers workers not protected under local law (e.g., interstate employees or remote workers based outside Puerto Rico).

Next Steps for Employers

In light of this major legislative change, employers in Puerto Rico should take prompt action to ensure compliance. Employers should:

• Review and revise internal policies, employee handbooks, and collective bargaining agreements to reflect the new Code;
• Inspect and, if necessary, upgrade workplace facilities to meet the physical requirements for lactation rooms;
• Provide written notice to all employees of their rights under the new law;
• Train HR teams, managers, and supervisors to ensure they understand and respect the protections provided by law; and
• Consult with legal counsel regarding eligibility for tax incentives.

This significant legislative shift requires immediate attention from employers operating in Puerto Rico.

Our team is available to provide guidance on implementing the new Code and aligning your workplace practices with both Puerto Rico and federal law.