What happened?

On July 1, 2025, New Hampshire’s new lactation accommodation law (RSA 275:78–83) took effect, requiring employers with six or more employees to provide break time and private space for expressing breast milk. The law introduces new obligations that go beyond federal requirements.

Overview:

• Break Time: Employees are entitled to an unpaid 30-minute break for every 3 hours worked to express milk, for up to one year after childbirth. Breaks may align with existing meals or rest periods. Employers cannot require employees to make up this time.

• Lactation Space: Employers must provide a clean, private space (not a bathroom) within reasonable walking distance of the employees’ work area. The space must include a chair and electrical outlet, if feasible. If the space is shared or temporary, it must be made available upon request.

• Written Policy: Employers must adopt a written lactation accommodation policy and provide it to all new hires.

• Employee Notice: Employees must give at least two weeks’ notice before needing accommodation, in accordance with company policy.        

• Undue Hardship: Employers may be exempt if providing accommodation would cause significant difficulty or expense, based on business size and resources. Exemptions are evaluated on a case-by-case basis.

• Enforcement: While the law takes effect July 1, 2025, enforcement begins July 1, 2026. Noncompliance may result in civil penalties of up to $2,500.

Source References

• New Hampshire HB 358 – Relative to the filing and adoption of proposed administrative rules and relative to overpayment of unemployment compensation and relative to policies relating to nursing mothers

Resources

• New Hampshire RSA 275:78-83

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.