Labor & Employment Legal Alert – Puerto Rico Updates Breastfeeding Law to Prevent Workplace Discrimination

Amendment to Breastfeeding Rights Law: Enhanced Protections for Nursing Mothers in the Workplace

On June 23, 2025, Law No. 29 of 2025 was enacted, amending the existing Law No. 427-2000, which regulates the rights of working mothers to breastfeed or express breast milk during the workday. The amendment responds to concerns that, despite the original law’s intent, the use of breastfeeding or milk expression periods has been used negatively in employee evaluations and employment decisions.

Key Provisions and Protections

Law No. 29 of 2025 introduces explicit prohibitions against employer practices that penalize or discriminate against breastfeeding employees. Specifically, the law prohibits employers from:

• Issuing unfavorable performance evaluations based on an employee’s use of breastfeeding or milk expression periods;
• Using the exercise of these rights as a criterion in decisions regarding raises, promotions, or bonuses;
• Taking adverse actions such as reducing work hours, reclassifying positions, changing shifts, or requiring employees to make up time used for breastfeeding or expressing milk;
• Justifying disciplinary actions, including suspensions or dismissals, on the basis of breastfeeding or milk expression;
• Discriminating against or taking any adverse employment action against employees who request or use breastfeeding or milk expression periods;
• Obstructing the exercise of rights granted to breastfeeding mothers under the law.

Mandatory Break Periods

Law No. 29 of 2025 also reaffirms the mandatory break periods for breastfeeding or expressing breast milk during the workday.

• Full-Time Employees: Entitled to one hour per workday for breastfeeding or milk expression, which may be divided into two periods of thirty minutes or three periods of twenty minutes each.
• Part-Time Employees: Those working more than four consecutive hours are entitled to thirty minutes for every four consecutive hours worked.
• Small Business Provisions: For businesses classified as small under Federal Small Business Administration (SBA) standards:
  • Full-Time Employees: Entitled to thirty minutes per workday, which may be divided into two periods of fifteen minutes each.
  • Part-Time Employees: Entitled to thirty minutes for every four consecutive hours worked.

Immediate Effect

Law No. 29 of 2025 took effect immediately upon enactment. Employers should review and update their workplace policies and practices to ensure compliance with these enhanced protections for breastfeeding employees.

For any questions related to this topic, please contact our labor team at labor@estrellallc.com.