INTRODUCED BY
Danice Picraux

AN ACT RELATING TO NURSING MOTHERS; SAFEGUARDING A NURSING MOTHER'S RIGHT TO USE A BREAST PUMP IN THE WORKPLACE AND TO HAVE A FLEXIBLE BREAK TIME IN WHICH TO USE IT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 28, Article 20 NMSA 1978 is enacted to read:

"USE OF A BREAST PUMP IN THE WORKPLACE.

1. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide:
   1. a space for using the breast pump that is:
   1. clean and private;
   2. near the employee's workspace; and
   3. not a bathroom; and
   2. flexible break times.
2. An employer shall not be liable for:
   1. storage or refrigeration of breast milk;
   2. payment for a nursing mother's break time in addition to established employee breaks; or
   3. payment of overtime while a nursing mother is using a breast pump."

The Special Supplemental Nutrition Program for New Mexico Women, Infants & Children
Family Health Bureau / Public Health Division / New Mexico Department of Health

Civil Rights Statement: It is unlawful for New Mexico Department of Health (DOH) or the U.S. Department of Agriculture (USDA) to discriminate against any applicant for or recipient of any program administered by USDA or DOH due to race, color, sex, age, religious creed, national origin, marital or family status, sexual orientation, disability or political beliefs. (Not all prohibited bases apply to all programs).