On August 1, 2025, Act 87, better known as the Puerto Rico Lactation Code (“Code”) came into effect, setting clear rights for nursing mothers and new obligations for employers. The Code changes the way companies must support maternal and infant health at the workplace in alignment with Puerto Rico public policy.
What Is Puerto Rico’s Lactation Code?
The Code is a comprehensive law that consolidates and strengthens the legal framework for breastfeeding in Puerto Rico, in the private and public sectors. It establishes clear rights for nursing mothers and specific obligations for employers and other third parties. Its primary purpose is to promote maternal and infant health and ensure a workplace environment that supports breastfeeding. The Code also repeals several prior statutes, including Act 427-2000, known as the Act to Regulate the Breastfeeding or Breast Milk Expression Period.
What Rights Do Mothers Have Under the Code?
Every mother has the right to:
1. Choose breastfeeding as the sole method of feeding her children during the first six months of life, unless otherwise indicated by a physician, and to continue breastfeeding after returning to work following maternity leave.
2. Breastfeed her child in any public or private location, ensuring her and her baby’s well-being.
3. Breastfeed in a suitable physical space.
What Obligations Do Employers Have Under the Code?
Every employer must comply with the following obligations:
1. Provide nursing mothers with resources that protect their right to privacy.
2. Designate a suitable and accessible lactation space that guarantees privacy and safety. The space must:
- Have doors with locks;
- Ensure privacy (including covered windows, if any);
- Be hygienic (clean, free of mold, and with access to water not sourced from a bathroom);
- Include electrical outlets, proper ventilation, and a refrigerator exclusively for storing breast milk;
- Provide an armchair or chair; and
- Not be in, or coincide with, restroom facilities.
3. Inform employees about the Code and the rights of nursing mothers, fostering a workplace environment that supports the free and respectful exercise of those rights.
4. Grant every nursing mother returning from maternity leave at least one paid hour per shift, for no less than 12 months, to breastfeed her baby (if a childcare facility is available) or to express breast milk, without requiring medical certification.
5. Respect the agreed lactation schedule and only modify it with their and the nursing mother’s consent.
6. Not consider the nursing mother’s use of the lactation period for:
- Negative performance evaluations;
- Changes in work schedules, job reclassifications, or reduced hours;
- Requirements to make up the time used;
- Decisions on salary increases, promotions, or bonuses; or
- Disciplinary actions such as suspensions or dismissals.
7. Protect nursing mothers from discrimination or retaliation. Employers must not obstruct or interfere with the exercise of these rights, nor take adverse action against an employee who has requested or used the lactation period.
What Benefits Do Employers Receive?
Every private-sector employer that complies with the Code by granting a breastfeeding or milk expression period to its nursing mothers may receive a tax exemption equivalent to one month’s salary of the employee who makes use of this right.
What Are the Consequences of Non-Compliance?
Violating the Code may result in administrative, civil, and even criminal penalties. The Puerto Rico Women’s Advocate Office (Oficina de la Procuradora de la Mujer, “OPM”) and the Puerto Rico Department of Labor may investigate complaints and impose fines through forthcoming regulations. Employees also have the right to file claims in court or with the OPM to recover damages and emotional distress, with employers facing the possibility of paying double the proven damages. In addition, obstructing or limiting the right to breastfeed in permitted locations may constitute a misdemeanor, punishable by fines ranging from $1,000 to $5,000 and, in some cases, restitution.
Don’t wait for a claim to take action…
At Ferraiuoli, we help employers achieve full compliance with Puerto Rico’s Lactation Code before problems arise. Acting now not only reduces the risk of penalties but also aligns your company with the government’s public policy and demonstrates a genuine commitment to the well-being of your employees and their families.
How Can We Help?
We provide practical guidance and support to help you:
- Draft or update internal handbooks, policies, and practices to meet statutory requirements and best practices.
- Prepare clear notices to inform employees about the Code and nursing mothers’ rights under the same.
- Implement the Code’s requirements with tailored legal guidance.
- Train HR teams, managers, and supervisors to support breastfeeding rights and properly manage lactation period requests, scheduling, and overall compliance.
Our team is available to help translate legal requirements into compliant policies and everyday practices, reducing risks while fostering a healthier, more inclusive work environment.
