On August 1, 2025, Puerto Rico enacted Act No. 87-2025, the “Código de Lactancia de Puerto Rico” or “Puerto Rico Lactation Code” (the Code). The law took immediate effect and consolidated prior laws into one unified code. It expands rights for breastfeeding and lactating individuals and imposes broad obligations on both public and private employers.
KEY PROVISIONS FOR PRIVATE EMPLOYERS
- Paid Lactation Leave: For at least 12 months after childbirth, both full- and part-time employees are entitled to at least one hour of paid leave per workday to breastfeed their child or pump breast milk. Employees are not required to provide any medical certification to exercise this benefit.
- Designated Lactation Rooms: Employers must provide a private, hygienic, and ventilated space with a lockable door, electric outlets, a chair, a water source for washing lactation equipment, and refrigeration (for the sole purpose of storing breast milk) for nursing employees. Bathrooms cannot be used as dedicated lactation spaces or for washing lactation equipment.
- Notice to Employees: Employers must inform all employees of the legal rights established by the Code.
- Anti-Discrimination and Retaliation Protections: Employees cannot be discriminated or retaliated against for exercising lactation rights under the Code. This includes prohibitions on negative evaluations, job restructuring, changes in hours, or other adverse employment actions tied to or based on lactation leave.
- Tax Incentives: The Code provides a tax credit for private employers based on employees’ use of paid lactation leave.
STEPS FOR COMPLIANCE
To ensure compliance with the Code’s provisions, employers in Puerto Rico should promptly take the following actions:
- Notify employees of the rights provided under the law through a written notice and clear workplace postings.
- Review and upgrade lactation facilities to ensure they meet statutory requirements.
- Update policies and practices to reflect lactation rights and protections, including anti-retaliation provisions.
- Train supervisors and HR staff to ensure understanding of the rights established under the Code as well as handling of scheduling, accommodations, and employee lactation leave requests.
- Adjust payroll and recordkeeping systems to ensure paid lactation leaves are appropriately tracked and administered.
The full text of the Code can be found on the government’s website.