NM Breastfeeding Laws and Returning Back To Work or School
Breastfeeding Resources
NM Breastfeeding Law and Returning Back to Work or School
Both New Mexico and federal law recognize that nursing is good for parents, baby, and society. Parents can legally breastfeed in public in every state, including NM, and workplace rights allow reasonable break time and a private space for nursing parents to express human milk.
New Mexico Breastfeeding Laws:
Parents Can Breastfeed in Public
New Mexico states that a parent can nurse a baby anywhere they are allowed to be, public or private. NMSA 1978, Sec 28-20-1
Public Employers Must Give Break Time and Private Space.
THE LAW STATES:
An employer shall provide breastfeeding employees with:
Flexible break times
Space for using the breast pump that is:
Clean and private
Not a bathroom
Near the employee’s workspace
– NM Chapter No. 2007-18
Planning for Child Care
RESEARCH
Try to find a child care provider that supports breastfeeding and is close to your work. When you are looking for a child care provider, be sure to ask what policies they have in place to support breastfeeding parents.
VISIT
Visit your child care center a few times before baby’s first day there. Touch toys and items in the center. When you do that, your milk will build up immunities to germs in the child care center to protect your baby.
PLAN
Make a backup plan. Be sure that you know what to do if your baby is sick or your baby’s caregiver is not available on a day you have to work.
Click on pictures below for more information on childcare:
Resource
Download the New Mexico law card below
Additional Resources
- Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School (ed.gov)
- Pamphlet – Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972
- FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov)
- Women’s Preventive Services Guidelines | HRSA
- Enforcement Guidance on Pregnancy Discrimination and Related Issues | U.S
- Equal Employment Opportunity Commission (eeoc.gov)