As a reminder for all employers in Puerto Rico, on August 1, 2025, Puerto Rico Governor Jennifer González signed the Puerto Rico Lactation Code (Act 87-2025), a landmark law consolidating all prior lactation-related statutes into a single framework.

The Code establishes uniform protections for breastfeeding mothers and sets clear obligations for employers across the private sector.

• Act 87-2025 creates a unified, enforceable framework for workplace lactation rights in Puerto Rico; all private employers in Puerto Rico, regardless of size, must comply with new workplace standards.

Employers must also notify employees of their rights, update policies, ensure compliance with federal protections under the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act.

Additional Information:

• Lactation Breaks:
  • At least one paid hour per workday for breastfeeding or milk expression.
  • Applies to full-time and part-time employees for a minimum of 12 months after returning from maternity leave.
  • No medical certificate required; schedule changes need mutual consent.

• Designated Lactation Space:
  • Private, hygienic, and secure (lockable door, covered windows, no cameras).
  • Equipped with electrical outlets, ventilation, seating, and a refrigerator for breast milk storage.
  • Bathrooms cannot be used for lactation or cleaning equipment.

• Anti-Discrimination & Retaliation:
  • Employers cannot penalize, discipline, or negatively evaluate employees for using lactation breaks.
  • Retaliation or adverse actions are strictly prohibited.

• Tax Incentive: Private employers granting lactation breaks receive a tax exemption equal to one month’s salary of the benefiting employee.

• Penalties for Noncompliance: Administrative fines, civil liability for double damages, and criminal penalties (misdemeanor; fines $1,000–$5,000).

Employer Considerations: Employers should implement compliant spaces, grant paid lactation breaks, and train staff to avoid discrimination.

For additional information:

• Puerto Rico Act 87 of 2025 – Puerto Rico Breastfeeding Code (Código de Lactancia de Puerto Rico – Ley 87 de 2025)
• Puerto Rico Compilation – Law 87 of 2025 (Spanish)

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