Breastfeeding at Work Redefined: Puerto Rico’s New Code Ushers in Main Adjustments

Takeaways

• The groundbreaking Lactation/Breastfeeding Code, signed into legislation 08.01.25, repeals Law 427-2000 and replaces it fully, together with a number of different lactation-related legal guidelines.
• Employees, no matter whether or not part-time or full-time, are actually entitled to a minimum of one paid hour per workday to breastfeed their little one or categorical breastmilk, for at least 12 months after coming back from maternity go away.
• Employers should notify all staff of their rights underneath the brand new code.

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Puerto Rico has enacted a groundbreaking Lactation/Breastfeeding Code that consolidates in a single statute the rights of breastfeeding staff and the tasks of employers throughout the Island.

Signed into legislation on August 1, 2025, by way of Senate Bill 476, the “Código de Lactancia de Puerto Rico” (“Code”), repeals Law 427-2000, which was amended earlier this summer season. The new Code establishes, for the primary time, a complete public coverage in favor of breastfeeding and consolidates office protections underneath a single statute.

The new Code goes past mere reorganization. It broadens worker entitlements, strengthens employer obligations, and introduces enhanced enforcement mechanisms — together with potential civil and prison legal responsibility for noncompliance.

A New Era of Breastfeeding Protections in Puerto Rico

The Code establishes a modernized and complete framework for addressing lactation within the context of maternal and little one well being. It units forth breastfeeding as a matter of public coverage, acknowledges the person’s proper to decide on to breastfeed, and addresses lactation within the office.

The Code contains interpretive mandates to information its utility. It gives that every one provisions of the Code, its implementing laws, and any complementary legal guidelines have to be interpreted within the method most favorable to the lactating mom.

To promote readability and consistency in utility, the statute contains a complete article devoted to definitions, setting out 16 outlined phrases — a few of that are newly launched, whereas others develop on prior definitions. These embrace phrases reminiscent of “lactating mother,” “extraction of breast milk,” “lactation room,” “full-time and part-time work,” “hygienic,” and “safe space.” These definitions are important for deciphering the legislation uniformly throughout each the private and non-private sectors.

Expanded Workplace Obligations

The Code establishes obligations for each private and non-private employers to offer working moms with the chance to breastfeed their little one or categorical milk throughout a affordable interval every workday. While the interval have to be affordable based mostly on the worker’s wants, it units a statutory minimal: the time allowed for this objective should not be lower than one hour per day and have to be handled as time labored — that means it can’t end in any discount in pay.

This represents a notable enlargement from the prior framework underneath Law 427-2000, as underneath the brand new Code, protections expressly develop part-time staff’ rights, who are actually additionally entitled to a minimum of one paid hour per workday for lactation functions.

Unlike the prior Law No. 427-2000, which required the presentation of a medical certificates, the Code explicitly states the usage of lactation breaks can’t be conditioned on the presentation of a medical certificates. Additionally, the best to make use of this time applies for no less than 12 months following an worker’s return from maternity go away, with the potential for additional extension by employer coverage or mutual settlement.

Finally, the Code reiterates the prohibition of retaliation towards staff for exercising their rights, together with any type of self-discipline, demotion, damaging evaluations, shift modifications, or termination based mostly on the usage of lactation time.

Infrastructure and Policy Updates

Every employer is now expressly required to offer a devoted lactation area that meets particular minimal requirements. This area should:

• Not be a restroom; and
• Be outfitted with a locking door, seating, electrical retailers, refrigeration for restricted use of storing breastmilk, and entry to water.

These necessities additionally apply to authorities buildings, public colleges, the University of Puerto Rico, malls, airports, and repair facilities with vital foot visitors. Private establishments of post-secondary schooling are additionally lined.

Existing employer insurance policies must be reviewed and up to date accordingly and be clearly communicated to all staff.

Application to Unionized Private-Sector Employees

The Code explicitly permits collective bargaining agreements within the personal sector to develop upon the rights it establishes. However, no collective bargaining settlement might scale back or waive the minimal rights and protections established underneath the Code. This preserves unions’ potential to enhance circumstances for his or her members whereas safeguarding the baseline rights afforded by statute.

Enforcement and Penalties

The Code considerably strengthens enforcement in comparison with Act 427-2000 by introducing administrative, civil, and prison penalties for violations. The Office of the Women’s Advocate and the Department of Labor now share authority to research and prosecute noncompliance, with laws to be issued outlining procedures and fines.

Coordination with Federal Law: The PUMP Act and PWFA

In addition to the necessities imposed by Puerto Rico’s new Code, employers should guarantee compliance with federal office protections, significantly the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act.

Puerto Rico employers ought to guarantee their insurance policies and services adjust to each native and federal requirements, significantly when federal legislation presents broader safety or covers employees not protected underneath native legislation (e.g., interstate staff or distant employees based mostly outdoors Puerto Rico).

Next Steps for Employers

In mild of this main legislative change, employers in Puerto Rico ought to take immediate motion to make sure compliance. Employers ought to:

• Review and revise inside insurance policies, worker handbooks, and collective bargaining agreements to replicate the brand new Code;
• Inspect and, if essential, improve office services to fulfill the bodily necessities for lactation rooms;
• Provide written discover to all staff of their rights underneath the brand new legislation;
• Train HR groups, managers, and supervisors to make sure they perceive and respect the protections offered by legislation; and
• Consult with authorized counsel relating to eligibility for tax incentives.

This vital legislative shift requires quick consideration from employers working in Puerto Rico.

Our workforce is out there to offer steerage on implementing the brand new Code and aligning your office practices with each Puerto Rico and federal legislation.