Combining Breastfeeding and Working

Working Mothers

The law requires that employers provide a space for using the pump that is clean and private, is near the employee’s workspace, and is not a bathroom.

Unfortunately, the employer is not liable for storage or refrigeration, payment for break time beyond established break times, or payment of overtime for the purpose of using a breast pump. Nonetheless, HB 613 represents a first step toward ensuring that New Mexico mothers can continue to provide their milk to their babies after returning to work.

Other states with similar laws have reported difficulty in enforcing the law due to the absence of a streamlined process for receiving and responding to complaints by working mothers. The New Mexico Breastfeeding Task Force is currently investigating reporting systems and enforcement options. The task force also plans to collect data on the impact of the law on breastfeeding rates and employer expenditures.