Criminal charges for lactation violations

A word to the wise: Organizations that deny lactation breaks to female employees could soon be in for a rude awakening.

That’s because a law recently passed in Puerto Rico allows for the imposition of criminal penalties against employers that don’t let women take lactation breaks or fail to provide female staffers with suitable lactation spaces.

The law, which took effect earlier this year, revises Puerto Rico’s lactation/breastfeeding code so that both full-time and part-time employees are entitled to no less than one hour of paid break time to express breast milk for up to one year after returning from maternity leave.

Like other breastfeeding laws, the revised Puerto Rico code requires companies to provide lactation space that has a locking door, seating, electrical outlets, access to water and a refrigerator.

Unlike lactation laws in other jurisdictions, however, Puerto Rico’s revised code includes criminal penalties for egregious offenses. It classifies certain types of violations as misdemeanors with fines ranging from $1,000 to $5,000.

Key: Puerto Rico is the first jurisdiction in the U.S. to impose criminal penalties for noncompliance with lactation requirements – your state could be next.

(From the November 21, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)