New Mexico is a breastfeeding-positive state, thanks to state workplace legislation that transcends the protection provided by the federal Fair Labor Standards Act (FLSA) by extending protections to all workers (not just hourly). Outside of the workplace, breastfeeding laws in New Mexico are similar to those in any other state: breastfeeding in public is protected by the law.
We’ve awarded New Mexico three 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
Employers in New Mexico are required to support breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work. This state legislation applies to all employees, not just hourly employees, as covered by the Fair Labor Standards Act (FLSA). Read the law: N.M. Stat. Ann. § 28-20-2
Note: Mamava’s goal is to provide the most up-to-date legislative information available. But federal, state, and municipal laws are constantly evolving—which is a good thing! So if we’ve missed something, we appreciate any additions or corrections. Contact us at [email protected]
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Mamava Breastfeeding Laws key
State law protects breastfeeding in public (now true of all states). There are no state-level workplace breastfeeding laws. Breastfeeding mothers, who are paid hourly, are covered by the federal FLSA. Not the breast-case scenario.
State law provides workplace breastfeeding rights for specific employee sectors (e.g., city employees) OR mandates lactation accommodations for specific locations (e.g., airports, municipal buildings).
State law protects all working breastfeeding moms (not just hourly) and exceeds the federal FLSA law.
State law protects all working breastfeeding mothers AND additional state legislation protects specific populations OR mandates lactation accommodations for specific locations.
The gold standard. State law protects all working breastfeeding mothers, identifies standards for lactation spaces (e.g., access to a refrigerator), AND additional state legislation protects specific populations AND mandates lactation accommodations for specific locations.