Pursuant to its statutory authority, on July 13, 2026, the Women’s Advocate Office approved the new Guidelines for the Establishment and Operation of Lactation Rooms (“Lactation Room Guidelines”). The Guidelines took effect immediately, repealing prior provisions related to the establishment of lactation rooms in workplaces. These provisions apply to private employers, government entities, and publicly accessible spaces.
The new guidelines expand the obligations that employers must meet regarding lactation rooms, while also incorporating specific provisions addressing employees who work remotely or in shared spaces.
Regarding general requirements, the minimum criteria applicable to lactation rooms in workplaces remain in place. Every lactation room must provide an adequate, hygienic, private, and safe space for nursing mothers. The Guidelines also specify that lactation rooms must be located outside of restrooms and adjacent areas that could compromise required hygiene conditions. The room must have a door with a functional lock to ensure visual privacy. Additional requirements include ensuring ventilation and climate control, proper lighting, access to electricity, a sink with potable water, a refrigerator exclusively for the storage of breast milk, appropriate furniture including an armchair with armrests and a side table, a covered trash receptacle, visible signage, basic cleaning supplies, and written cleaning and maintenance protocols. The installation of cameras in lactation rooms is expressly prohibited.
With respect to employees working remotely, the Guidelines provide that such work arrangements may not impair their right to breastfeed or extract milk. Accordingly, during agreed lactation or milk extraction periods, employees are not required to keep cameras, microphones, or audiovisual mechanisms activated if doing so would compromise their privacy. Similarly, employers may not schedule meetings, evaluations, or activities during such periods without the employee’s consent. The use of monitoring systems to oversee the exercise of this right, as well as any adverse impact on evaluations, discipline, or professional development, is prohibited.
As to the duration of lactation or milk expression periods, the Guidelines reaffirm that every employee is entitled to a lactation period of no less than one (1) hour per workday, applicable to both full-time and part-time employees, for a minimum of twelve (12) months following their return from maternity leave. This period is considered compensable work time and does not require medical certification. Once schedules or periods for milk expression are agreed upon at the start of the leave, they may not be modified without mutual consent. However, employers may establish reasonable conditions applicable to this benefit, provided they are based on objective criteria and are consistent with public policy.
A notable new aspect addressed in the Guidelines is the regulation of lactation rooms in shared spaces. The use of a common lactation room is permitted—for example, when multiple entities occupy the same building—provided the space complies with the conditions set forth in the Guidelines. The availability or use of a shared room does not relieve employers of their obligation to ensure that their employees can effectively exercise this right. Accordingly, employers must ensure that the space meets all legal and regulatory requirements. Additionally, when the room is used by both employees and the general public, employers must coordinate with building management to ensure timely access for employees during their agreed lactation periods. Such coordination must prevent unreasonable delays or restrictions. In cases where employees work at third-party facilities (e.g., shopping centers, hospitals, or airports), the employer remains responsible for ensuring access to an adequate lactation room, either through coordination or by providing an alternative compliant space.
The Lactation Room Guidelines impose additional administrative duties on employers that are not expressly set forth in the law, including the designation of a lactation coordinator responsible for providing guidance, implementing policies, and monitoring compliance with lactation room requirements and related rights. Employers must also adopt written rules or protocols governing access, use, cleaning, recordkeeping, and contingency measures in case of service interruptions.
Finally, the Guidelines reiterate that any adverse treatment related to lactation constitutes a discriminatory practice. The Women’s Advocate Office is authorized to conduct inspections in coordination with relevant agencies and to impose administrative fines of up to $10,000 per violation. Additional exposure includes claims for damages (including emotional distress), civil actions with double damages, and criminal liability with fines ranging from $1,000 to $5,000.
The Women’s Advocate Office and the Department of Labor and Human Resources will soon adopt regulations governing investigative processes and the imposition of fines.
