A new regulation entered into force on July 2nd, 2025, establishing additional employer obligations in favor of breastfeeding workers. From such date, employers have a period of 12 months to adjust the breastfeeding space within the workplace to the minimum conditions established in the new Regulation of Conditions for Breastfeeding Spaces in the Workplace, (Executive Decree number 44943).

The Regulation establishes different conditions for 3 categories of spaces for breastfeeding: rooms, cabins or areas, in which it must be guaranteed that workers can breastfeed their children without danger and/or can express breast milk and store it without risk of contamination.

The Regulation expressly prohibits enabling breastfeeding spaces within sanitary toilets, bathrooms, or warehouses, and establishes as an employer obligation to follow the administrative procedure to obtain the approval of the breastfeeding space by the Department of Occupational Safety and Health of the Occupational Health Council.

This modification complements the reforms that were implemented with the “Law to combat labor discrimination against women in maternity condition” No. 10211 of May 5, 2022, from which the obligation to have a breastfeeding space was established for any employer who has breastfeeding mothers in their establishment.

Based on the new regulation, shopping centers, office condominiums, municipal markets, public transport terminals and similar workplaces, will be able to agree on the operation of a breastfeeding room for shared use. In addition, exceptionally, outdoor workplaces, or those that do not have enough space, may agree on the shared use of a breastfeeding space (room, cabin or area) with a nearby shop, premises or residence that is located no more than 100 meters away.

Failure to comply with these provisions will imply legal contingencies for the employer, which may include fines of up to approximately USD$20,000.00 (from one to twenty-three base salaries), and even the closure of the workplace or the cancellation of permits, by the Ministry of Health, so it is recommended to make the corresponding adjustments as soon as possible.