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Client Alert
New Protections for Breastfeeding Employees - Puerto Rico
By: Angel Berberena, Esq.
July 07, 2025
On June 23, 2025, the Governor of Puerto Rico signed into law Act No. 29-2025, amending Act 427-2000, known as the “Act to Regulate the Period of Breastfeeding or Expressing Breast Milk.” The new statute introduces significant protections for breastfeeding employees in the workplace, including an express prohibition on using lactation breaks as a factor in performance or productivity evaluations.
Key provisions of Act 29-2025:
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Employers must conduct fair and objective performance evaluations and may not penalize employees for using lactation or milk expression breaks. Consequently, adverse employment actions such as reduced hours, job reclassification, shift changes, or requiring additional work time based on lactation breaks are prohibited.
- Employers may not use lactation breaks as an efficiency criterion in evaluating employees for raises, promotions, or bonuses.
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Lactation break usage may not justify disciplinary actions, including suspensions or terminations.
- Employers may not discriminate or take adverse action against any employee who has requested or used lactation or milk expression breaks in accordance with the law.
- Employers are prohibited from obstructing or interfering with a mother’s right to take lactation breaks under the Act.
- The law also reaffirms or clarifies the minimum lactation periods that employers must provide during the workday.
All other related statutes and regulations —including the Federal Pump for Nursing Act, the Bill of Rights of Working Women and local guidelines— remain in full force and effect.
Employers are encouraged to review policies and workplace forms to eliminate any references to lactation breaks as a measure of productivity; ensure no adverse action is linked to an employee’s exercise of protected lactation rights; train supervisors and human resources personnel to identify and prevent retaliatory practices or misapplication of lactation laws; and verify that their current practices and lactation facilities comply with legal requirements.
While Act 29-2025 is a natural extension of existing law and may require minimal adjustment for many employers, it clearly defines prohibited conduct and reflects a broader commitment to gender equity, work-life balance, and maternal and infant health.
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