July 2026 | Client Alert
BACKGROUND
The Puerto Rico Office of the Women’s Advocate (“OWA”) has approved the Guidelines for the Establishment and Operation of Lactation Rooms in Workplaces and Public Access Spaces (the “Guidelines”) to operationalize Act No. 87-2025, known as the Puerto Rico Breastfeeding Code (the “Code”). The Guidelines establish the OWA’s expectations for the implementation, administration, and oversight of lactation rooms and signal an active enforcement role through inspections and other compliance mechanisms. Critically, the Guidelines provide that their provisions must be interpreted broadly, with any ambiguity resolved in the manner most favorable to the breastfeeding mother — a standard that places the compliance burden squarely on employers.
WHAT THE GUIDELINES REQUIRE
1. Physical Requirements for Lactation Rooms
The Guidelines preserve and reinforce existing physical requirements for lactation rooms. These spaces must be:
- Private, sanitary, and accessible;
- Located outside of restrooms under all circumstances;
- Clearly designated for their purpose; and
- Equipped with the furnishings, utilities, and hygiene supplies necessary to accommodate breastfeeding employees, including appropriate conditions for the expression and storage of breast milk.
2. Remote Work and Telework Arrangements
One of the most significant aspects of the Guidelines is their express application to remote and telework scenarios. Employees working under these models retain all rights recognized under the Code. Accordingly:
- Employers must provide access to lactation rooms under the same conditions applicable to on-site employees;
- Employees are not required to keep cameras, microphones, or other audiovisual communication tools activated if doing so could affect their privacy during lactation periods; and
- Electronic monitoring systems may not be used to supervise or interfere with the exercise of these rights.
Employers should review their remote work policies and monitoring practices in light of these requirements, as the OWA’s enforcement posture suggests these provisions will be scrutinized.
3. Shared Lactation Rooms
Employers may satisfy their obligations through shared lactation rooms when multiple entities occupy the same building or share access to a common facility. However, the use of a shared space does not relieve any individual employer of responsibility. Employers utilizing shared facilities must:
- Ensure that breastfeeding employees have effective access to a facility that meets all applicable legal requirements;
- Coordinate with building management or the administering entity to guarantee timely access during employees’ breastfeeding periods; and
- Implement measures to safeguard the secure storage of expressed breast milk where necessary.
4. Employees at Third-Party Facilities
Employer obligations follow the employee, not the worksite. Where employees perform services at facilities owned or operated by third parties, the employer remains responsible for ensuring compliance with the Code. While employers may coordinate access to existing lactation rooms at such facilities, the employer — not the third-party operator — bears the legal obligation to ensure the space meets all applicable requirements.
5. Coordinator Designation and Written Protocols
The Guidelines impose two new administrative obligations that go beyond physical facility requirements:
- Coordinator designation: Employers must identify personnel responsible for administering the lactation room program.
- Written protocols: Employers must implement written procedures governing access, scheduling, maintenance, and contingency procedures. Protocols must also ensure that employees are informed of their breastfeeding rights and the accommodations available to them.
These are not aspirational standards — the OWA’s stated enforcement role means that the absence of a designated coordinator or written protocols could itself be a basis for a finding of noncompliance.
INTERSECTION WITH FEDERAL LAW
Employers must also ensure compliance with applicable federal protections, particularly the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act. While Puerto Rico’s Code and the Guidelines generally afford broader protections than federal law, both regimes apply concurrently. Employers should assess their obligations under each framework and implement policies that satisfy the more protective standard.
O’Neill & Borges LLC has been monitoring the development of Puerto Rico’s Breastfeeding Code since its enactment and has advised employers across a range of industries on their compliance obligations under the Code and the Guidelines. Our Labor & Employment team is available to assist with:
- Compliance gap assessments of existing facilities, policies, and practices;
- Drafting and implementing the written protocols, coordinator designations, and employee notices required under the Guidelines;
- Advising on remote work policies and electronic monitoring practices; and
- Navigating OWA inspections or enforcement proceedings.
For additional information or assistance, please contact your regular O’Neill & Borges attorney or write to info@oneillborges.com.
This O’Neill & Borges Client Alert is prepared for general information purposes only. It does not constitute legal advice or a legal opinion; nor does it establish an attorney-client relation with the recipient. For further information or to establish an attorney-client relation please contact us at info@oneillborges.com or your prime contact attorney at O&B.