Puerto Rico recently enacted a Breastfeeding Code (Act 87-2025), consolidating all prior lactation-related laws into a single, comprehensive statute. The law establishes uniform protections and obligations across both the public and private sectors, strengthening workplace rights for breastfeeding mothers and standardizing employer responsibilities.
The Code, enacted on August 1, 2025, affirms that breastfeeding is a matter of public policy and a protected right. It guarantees mothers the ability to breastfeed or express milk in safe, private, and hygienic spaces. In any conflict of laws, the provision most favorable to the lactating mother prevails. Working mothers are generally protected by the following:
- Mothers have the right to breastfeed their child in any public or private place without restriction.
- Discriminatory practices against breastfeeding are expressly prohibited.
- Breastfeeding in public is not deemed indecent exposure or obscene conduct under the Penal Code.
- August is officially designated as “Breastfeeding Awareness Month,” reinforcing public policy support.
Breastfeeding Code compliance
Under the Code, all private employers must provide a designated lactation space at the workplace that (1) ensures privacy and security (with no cameras, covered windows, and a lockable door); (2) is hygienic, with access to running water (not a bathroom); and (3) includes ventilation, electrical outlets, seating, and refrigeration for milk storage. Employers must inform employees of their rights under this Code and foster a supportive workplace culture.
Mothers returning from maternity leave (whether full-time or part-time) are entitled to at least one hour per workday to breastfeed or express milk. This time is counted as paid working time. No medical certificate is required to access this benefit. The right extends for a minimum of 12 months after returning to work, with employers free to grant longer periods.
Employers may not (1) penalize or discipline employees for using lactation breaks; (2) use lactation time as a negative factor in performance reviews, promotions, bonuses, or work assignments; nor (3) retaliate or take adverse action against mothers who exercise these rights.
Private employers granting lactation breaks are entitled to a tax exemption equivalent to one month’s salary of the employee who benefits from the right. This exemption applies only to the employer, not the employee.
Beyond the workplace, the Code mandates lactation areas in (1) government agencies, schools, and universities; (2) airports, seaports, and major government service centers; (3) shopping malls and large commercial establishments (greater than 100,000 sq. ft.); and (4) post-secondary educational institutions.
Oversight is shared by the Office of the Women’s Solicitor and the Department of Labor. Administrative fines may be imposed for noncompliance. Employees may file civil lawsuits for double damages (including emotional distress) and criminal penalties apply to discriminatory practices, with fines ranging from $1,000 to $5,000.
This Code repeals multiple prior laws, including Act 427-2000 (lactation breaks), Act 155-2002 (public lactation spaces), Act 95-2004 (anti-discrimination for breastfeeding mothers), and others, consolidating them into a single framework.
Key takeaway
Act 87-2025 creates a unified and enforceable framework for workplace lactation rights in Puerto Rico. Private employers are encouraged to ensure they have compliant lactation spaces, grant one paid daily lactation hour for at least 12 months, avoid retaliation, and update policies accordingly. Failure to comply carries administrative, civil, and even criminal consequences.
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