New Mexico

New Mexico is a breastfeeding-positive state thanks to state laws that provide workplace lactation protections. In addition to the federal FLSA’s PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, New Mexico laws provide an additional level of support.

We’ve awarded New Mexico two drops on our scale.

NM Breastfeeding Laws: In Public

Mothers in New Mexico have the right to breastfeed in public. Read the law: N.M. Stat. Ann. § 28-20-1 (1999)

NM Breastfeeding Laws: At Work

All breastfeeding employees are protected by the federal FLSA’s PUMP for Nursing Mothers Act and entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year. But New Mexico also has a robust lactation accommodation law that requires employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work. Read the law: N.M. Stat. Ann. § 28-20-2

NM Breastfeeding Information + Resources

NM law requires correctional facilities to develop and implement lactation policies for breastfeeding inmates. The provisions include access to a breast pump, as well as storage and transport of milk. Read the law: SB 0124

The New Mexico Breastfeeding Task Force’s mission is “to create environments in which lactation is the norm and human milk is available to all infants and children.” Visit here.

Visit the U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.

Breastfeeding Law Rating Key

One drop: There is no state-level workplace lactation legislation beyond the PUMP Act.

Two drops: State law exceeds the PUMP Act in one of the following ways: 1) Lower threshold for employer exemption; 2) Workplace protections beyond one year; 3) Requirements for lactation spaces (e.g. electrical outlets); 4) Protections for specific populations other than employees (e.g. students).

Three drops: State law exceeds the PUMP Act in at least two of the following ways: 1) Lower threshold for employer exemption; 2) workplace protections beyond one year; 3) requirements for lactation spaces (e.g. electrical outlets); 4) protections for specific populations other than employees (e.g. students).

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.