On August 1, 2025, the first day of Breastfeeding Awareness Month, Act 87-2025, known as the Puerto Rico Breastfeeding Code ("Code"), was signed. The law consolidates the various existing statutes and regulations on breastfeeding and establishes a new legal framework on this matter within our jurisdiction.

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The Code expressly repeals Act No. 427-2000, known as the “Act to Regulate the Period of Breastfeeding or Expression of Breast Milk,” and introduces significant changes to its content. For the private sector, Title III of the Code sets forth the applicable provisions, including those related to the breastfeeding or milk expression period during the workday. From our perspective, the most relevant changes applicable to the employer are as follows:

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• working mothers are entitled to reasonable paid time, which shall in no case be less than one (1) hour in total, to breastfeed or express breast milk. This applies to both full-time and part-time employees.
• the right will apply for at least one (1) year from the time the mother returns to work after maternity leave, and during that period no medical certification is required to prove that the employee is breastfeeding.

• this breastfeeding or expression period will be considered time worked, so no nursing mother shall have her salary reduced for exercising her rights under the Code.

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Furthermore, from the repealed Act No. 427-2000, the Code adopts and preserves several provisions. Among these, the following stand out:

• the right to breastfeeding must be requested by the employee.

• the schedule for breastfeeding or expressing milk must be agreed upon between the mother and the employer and may not be altered without the express consent of both parties.

• the amendments recently introduced by Act No. 29-2025 are maintained, including the prohibition against using the breastfeeding period to issue unfavorable evaluations, take adverse or harmful actions, use it as an efficiency criterion, justify disciplinary actions, or discriminate. Likewise, the obligation to interpret the law in the manner most favorable to the nursing mother is also preserved.

• the employer retains the right to a tax exemption equivalent to one month of the salary of the employee who uses the lactation period.

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Regarding lactation rooms, the obligation to provide a space that guarantees privacy, safety, and hygiene, and is equipped with electrical outlets and ventilation, continues in effect. However, several additional requirements for the lactation room are expressly incorporated:

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• it must have a refrigerator used exclusively for breast milk.
• it must have an armchair or chair.

• it must have access to water, other than the bathroom sink, for the mother to wash her equipment.

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Violations of the Code may result in: administrative fines of up to $10,000 imposed by the Women’s Advocate Office; civil liability for double the amount of damages and emotional distress suffered; and criminal liability for a misdemeanor, subject to a fine between $1,000 and $5,000, as well as a restitution order, at the discretion of the court.

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