Effective July 1, 2025, all New Hampshire employers with six or more employees in New Hampshire will be subject to new requirements regarding lactation accommodations in the workplace.
The law requires covered employers to provide a reasonable unpaid break of approximately 30 minutes for every three hours worked to express milk for one year following the birth of the child.
Employers cannot require employees to make up the time used for these unpaid breaks, and breaks can be taken concurrently with existing break or meal periods, if available.
Employers must provide a private space, free from intrusion, for employees to express milk. If feasible, the space should include an electrical outlet and a chair. If the space is not dedicated for this purpose, it must be made available upon request.
Employers are also required to adopt a written policy addressing lactation accommodations, including space and break time that must be provide to employees at the time of hire.
Employees must notify the employer at least two weeks in advance of needing lactation accommodations, in accordance with the employer’s policy.
While most provisions take effect July 1, 2025, enforcement will begin on July 1, 2026, at which point noncompliance may result in a one-time civil penalty.
Next Steps for Employers
To prepare for compliance:
- Review and update any existing lactation policy to comply with the law or develop a written lactation policy and ensure it includes space and break time provisions.
- Train managers and human resource staff on how to handle accommodation requests.
- Identify and prepare a suitable lactation space that complies with privacy and cleanliness requirements.
- Update onboarding materials to ensure the policy is shared with all new hires.
- Review notification procedures so that employee requests are documented and addressed in a timely manner.
