On August 1, 2025, Governor Jenniffer González-Colón (the “Governor”) signed into effect Act No. 87-
2025 (“Act 87-2025”), known as the Puerto Rico Lactation Code, which consolidates several existing laws and regulations on this subject and establishes as public policy of the Government of Puerto Rico the desirability of a mother being able to breastfeed or extract breastmilk for her baby. Employers will be required to inform all female employees of their legal rights established in Act 87-2025.
Act 87-2025 stipulates that both full-time (more than 7.5 hours per day) and part-time (less than 7.5 hours per day) employees shall have a daily minimum of one (1) hour for breastfeeding or extracting breast milk with pay. According to Act 87-2025, the breastfeeding period in the workplace shall have a minimum duration of twelve (12) months from the mother’s return to work. Employers, however, may grant a longer period than the one established in this law. Additionally, mothers who choose to breastfeed or extract breastmilk during working hours are not required to present a medical certificate to be eligible for this benefit.
Employers may not consider the use of breastfeeding period as a criterion to issuing unfavorable
performance evaluations or to establish negative administrative procedures, nor as an element for evaluating the employee’s efficiency, when considering these employees for pay raises, promotions or bonuses. Furthermore, employers may not discriminate against or retaliate against a breastfeeding mother who has requested to breastfeed or extract breastmilk guaranteed by this code.
Act 87-2025 reiterates the minimum requirements that a lactation room must meet to be considered
adequate and compliant with Puerto Rico’s statutes and case law. The criteria are as follows:
- Secured and Accessible -The room must have a lockable door and safeguard the right to privacy of
nursing mothers. - Privacy- The room should be used exclusively for this purpose. Any windows must be covered with
curtains or similar material to ensure privacy. Security cameras are not allowed in the room. - Cleanliness- The room must have a sink for nursing mothers to wash their hands and lactation equipment; it cannot be a bathroom.
- Adequate Space- The room must have electric outlets, ventilation, a refrigerator to store breastmilk and a chair or armchair.
Finally, Act 87-2025 includes particular sections regarding public sector employers, schools of the Department of Education, shopping centers and private post-secondary institutions.