NH – Lactation Break Law, effective July 1, 2025

New Hampshire employers with 6 or more employees will be required to provide nursing employees with 30-minute unpaid lactation breaks for every three hours of work.  Covered employers must also provide employees with appropriate space in the workplace for nursing.  This new state law follows the 2022 federal PUMP Act, which requires employers nationwide with 15 or more employees to provide reasonable break time and private space for breastfeeding employees for the first year of a baby’s life. Covered employers must comply with both federal and state laws.

Employers are required to adopt a policy to address the requirements of the law, and provide it to employees, at the time of hire, such as in an employee handbook.

The space provided must be within walking distance of the employee’s worksite, unless otherwise mutually agreed to, clean – not a bathroom – that is shielded from view and free from intrusion, and if feasible, it must have at a minimum, an electrical outlet and a chair.

Employers cannot require employees to make up time related to the use of this break period by, for example, coming into work earlier or staying later in the day.  That said, however, employees have the option of taking their lactation break with other break or meal periods already provided by the employer.

To access NH RSA Section 275:78 – 83 utilize this link and scroll to the bottom of the page. https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXIII-275.htm