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§ 28-20-2 NMSA 1978

Use of a breast pump in the workplace

Applied in 1 court decision — leading case Jacqueline M. Siaca v. Bahía Beach (2016)

Most recently applied in Jacqueline M. Siaca v. Bahía Beach (January 2016)

Laws 2007, ch. 18, § 1.

A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide:

(1) a space for using the breast pump that is:

(a) clean and private;

(b) near the employee's workspace; and

(c) not a bathroom; and

(2) flexible break times.

B. An employer shall not be liable for:

(1) storage or refrigeration of breast milk;

(2) payment for a nursing mother's break time in addition to established employee breaks; or

(3) payment of overtime while a nursing mother is using a breast pump.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.