CLIENT ALERT:

New Hampshire Adopts Workplace Accommodations for Nursing Mothers

• Effective Date: New Hampshire’s new law begins July 1, 2025.
• Break Entitlement: Nursing mothers are guaranteed a 30-minute unpaid break every three hours to express breast milk.
• Alignment with Federal PUMP Act (2022):
  • Requires reasonable break times and clean, private spaces (not bathrooms) for expressing milk for one year after childbirth.
  • Employers in New Hampshire must comply with both state and federal regulations.
• Employer Applicability:
  • Applies to employers with at least six employees in New Hampshire.
  • Employers must adopt and provide lactation accommodation policies to employees upon hire.
• Employee Requirements:
  • Employees must give at least two weeks’ notice before requesting breaks and lactation spaces.
  • Breaks can align with existing meal or rest periods.
• Space Requirements:
  • Must be clean, shielded from view, and free from intrusion.
  • Cannot be a bathroom and should be within a reasonable walking distance unless otherwise agreed.
• Flexibility and Negotiation:
  • Employers and employees can negotiate alternative break arrangements.
  • Employees are not required to make up time for break periods.
• Exemptions for Employers:
  • Applies only if accommodating breaks or providing space causes “undue hardship.”
  • Defined by significant difficulty or expense relative to the employer’s size, resources, and operations.
• Action for Employers:
  • Review obligations under both the federal PUMP Act and New Hampshire’s new law.
  • Implement compliant policies and ensure proper accommodations are in place.