Puerto Rico Enacts New Lactation Code

On August 1, 2025, Governor Jennifer González signed Act 87-2025, titled, “Puerto Rico Lactation Code” (“Code” or “Act 87-2025”). The Code compiles all previously enacted breastfeeding-related laws into one (i.e., incorporating the requirements for private and public sectors), while at the same time repeals some sections and creates new employer obligations. Employers should take note of the following provisions: 

• Breastfeeding Rooms. The Code establishes that both public and private sector facilities must provide a designated room for nursing employees to be able to breastfeed and/or pump breastmilk. These designated lactation rooms must be hygienic, private, and safe physical spaces as well as have electric power, ventilation, access to water, and a refrigerator for storing breast milk exclusively. Under no circumstances can restrooms be used for this purpose.
• Breastfeeding Leave. Nursing employees, upon returning to employment after maternity leave and for a minimum of 12 months thereafter, will have the opportunity to breastfeed their child or pump breastmilk during a “reasonable time” each workday, which may not be less than one hour per working day.  This applies to both full-time and part-time employees. The schedule for breastfeeding or pumping breastmilk must be agreed upon between the employee and the employer, and this schedule will not change without the express consent of both parties. Employees no longer have to provide a medical certificate in order to be entitled to breastfeeding leave. Breastfeeding leave is considered “time worked” and is therefore paid.
• Discrimination and Retaliation Provisions. The Code prohibits employers from considering an employee’s lactation period as a basis for unfavorable evaluations, taking adverse actions against the employee, or using the nursing or pumping breastmilk period as justification for disciplinary actions, as these actions could be construed as discriminatory and/or retaliatory against the employee.
• Tax Benefits for Private-Sector Employers. The Code has an annual tax exemption solely for employers in the private sector that grant nursing employees a breastfeeding period. These tax exemptions are equivalent to one month’s salary of the employee covered by the Code who uses the leave provided in it. This tax exemption will apply only to the employer and not to the employee who uses the breastfeeding or breast pumping period.
• Notice Obligations. Employers must provide notice to all its employees regarding the Code’s provisions and the rights under it. 

Both the Puerto Rico Department of Labor and the Puerto Rico Women’s Advocate Office have jurisdiction and authority to investigate, file complaints and impose monetary penalties for noncompliance with the Code. Likewise, any impacted employee may file a complaint and seek payment for damages before the Courts or the Women’s Advocate Office. 

Employers should update their policies to ensure compliance with the new Code’s provisions.