Breastfeeding break policy (New Mexico): Free template

Breastfeeding break policy (New Mexico): Free template

Breastfeeding break policy (New Mexico)

This breastfeeding break policy is designed to help New Mexico businesses support breastfeeding employees by providing them with appropriate break time and a private, sanitary space to express breast milk during work hours. It outlines the procedures for requesting breaks, the duration of breaks, and the location where employees can express milk.

By adopting this policy, New Mexico businesses can demonstrate their commitment to supporting working parents, promoting employee well-being, and fostering a family-friendly workplace environment.

How to use this breastfeeding break policy (New Mexico)

  • Define eligibility: Clearly specify which employees are eligible for breastfeeding breaks, including both full-time and part-time employees who are nursing.
  • Set break time duration: Establish reasonable time allowances for breastfeeding or pumping breaks, typically including one or two breaks per workday, lasting 15-30 minutes each, depending on the employee’s needs.
  • Provide a private space: Ensure that a designated, clean, and private space is available for breastfeeding or expressing milk, which is not a bathroom and provides adequate privacy.
  • Communicate the process for requesting breaks: Outline the process for employees to request breastfeeding breaks, including advance notice requirements (if any) and how to coordinate with managers or HR.
  • Address paid vs. unpaid breaks: Clarify whether breastfeeding breaks will be paid or unpaid and the conditions under which breaks are granted. Consider how the breaks will be handled if the business operates in a specific industry or with unique scheduling requirements.
  • Reflect New Mexico-specific considerations: Incorporate any relevant state laws or local ordinances, such as New Mexico’s Fair Employment Practices Act, that may provide additional protections or benefits for breastfeeding employees.

Benefits of using this breastfeeding break policy (New Mexico)

Implementing this policy provides New Mexico businesses with several advantages:

  • Supports employee health and well-being: By providing breastfeeding employees with the time and space to express milk, businesses help promote the health of both mothers and their infants, which can lead to better job satisfaction and retention.
  • Promotes work-life balance: Supporting breastfeeding employees fosters a family-friendly workplace that acknowledges the needs of working parents, promoting a positive workplace culture.
  • Reduces absenteeism: Offering accommodations for breastfeeding can help reduce the likelihood of employees needing to take time off to address personal or family health issues.
  • Enhances business reputation: Businesses that offer breastfeeding support are seen as progressive and family-oriented, which can attract top talent and improve public perception.
  • Aligns with New Mexico regulations: Helps ensure the business is in line with New Mexico state laws and federal requirements regarding breastfeeding rights and workplace accommodations.

Tips for using this breastfeeding break policy (New Mexico)

  • Communicate the policy clearly: Make sure employees are aware of the policy from the beginning of their employment, through onboarding, and regularly during performance reviews or check-ins.
  • Ensure accessibility: The designated breastfeeding space should be easily accessible to all employees who need it, and businesses should work with employees to accommodate any specific needs they may have.
  • Be flexible: Recognize that the need for breastfeeding breaks may vary depending on the employee’s schedule, and provide flexibility to accommodate those variations.
  • Monitor usage: Track the usage of breastfeeding breaks to ensure the policy is being implemented fairly and that employees are able to take breaks without being penalized.
  • Provide additional support: Offer support to breastfeeding employees by providing educational resources, ensuring they feel comfortable and supported in the workplace.

Q: How much time should businesses allow for breastfeeding breaks?

A: Businesses should provide sufficient break time for breastfeeding employees to express milk, typically ranging from 15-30 minutes per break. The number of breaks per day will depend on the employee’s needs, but typically one or two breaks per workday are common.

Q: Can businesses designate a space for breastfeeding breaks?

A: Yes, businesses should provide a designated, private, and clean space for employees to express milk. The space should be separate from bathrooms and provide adequate privacy.

Q: Are part-time employees eligible for breastfeeding breaks?

A: Yes, part-time employees should be eligible for breastfeeding breaks, provided they meet the same requirements as full-time employees. Businesses should ensure they provide adequate time and space for any breastfeeding employee, regardless of hours worked.

Q: Are breastfeeding breaks paid or unpaid?

A: Businesses should specify in the policy whether breastfeeding breaks are paid or unpaid. If the breaks are short and taken during work hours, businesses may choose to offer paid breaks or allow employees to use accrued time (such as paid sick leave or vacation) for unpaid breaks.

Q: How should businesses handle multiple breastfeeding breaks for employees?

A: Businesses should be flexible and allow for multiple breaks as needed, ensuring that employees have sufficient time to express milk. The policy should specify how breaks will be scheduled to minimize disruption to the workplace.

Q: Can businesses require a certain amount of notice for requesting breastfeeding breaks?

A: While businesses should aim to be flexible, it is reasonable to ask employees to give notice or schedule breastfeeding breaks in advance to ensure operational needs are met. However, employees should not be penalized for needing breaks outside of scheduled times due to unforeseen circumstances.

Q: Can businesses limit the duration of breastfeeding breaks?

A: Businesses should allow reasonable time for breastfeeding breaks, but they can set clear guidelines for break duration to prevent abuse of the policy. Breaks should be sufficient to meet the employee's needs without causing disruption to the business.

Q: How often should this policy be reviewed?

A: Businesses should review the breastfeeding break policy annually or whenever there are changes in New Mexico state law, federal regulations, or business operations to ensure it remains up to date and effective.

Q: What should businesses do if an employee is having difficulty accessing the designated space?

A: Businesses should work with employees to find alternative solutions if they are unable to access the designated space. This could include providing more flexibility in scheduling, designating a new space, or working with the employee to meet their needs in a way that doesn’t interfere with their duties.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.