New Mexico


New Mexico protects a woman’s right to breastfeed in public by a recently enacted legislation regarding the use of breast pumps in the workplace.

N.M. Stat. Ann. § 28-20-2 (2007)

 § 28-20-2.  Use of a breast pump in the workplace

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.

N.M. Stat. Ann. § 28-20-1
§ 28-20-1. Right to breastfeed.

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.