On March 18, 2026, a new Law to Protect, Promote, and Support Breastfeeding was approved. Although it has already been approved, the law has not yet entered into force. Its application will be mandatory only as of the date on which it is published in the Official Gazette La Gaceta.

This law aims to guarantee measures to protect, promote, and support breastfeeding as a right of minors and women during the breastfeeding period.

Main Provisions

Recognition of rights Recognizes the right of minors to receive breast milk from birth and throughout the entire period during which they are breastfed. Recognizes the right of breastfeeding mothers to have adequate conditions to feed their children or express breast milk.

Paid breastfeeding leave The first year of the child’s life is established as the minimum breastfeeding period. This period may be extended by medical prescription every three months, for the purposes of Article 94 of the Labor Code, for the entire time the child is fed with breast milk. The enjoyment of leave and subsequent extensions shall not be affected by the interim employment status of working women.

Medical certification of breastfeeding Medical certification shall be issued by a physician in the public or private sector, whether in cases of direct breastfeeding, expressed (deferred) breastfeeding, mixed breastfeeding, or relactation processes.

Adoption cases The adoptive mother shall have the right to a breastfeeding period to facilitate the induction of lactation. To this end, she must submit the corresponding certification issued by a professional specialized in lactation indicating the period required to carry out the process.

Breastfeeding time Every mother during the breastfeeding period shall have one hour during the ordinary workday to feed her baby, at her workplace and during working hours, choosing one daily interval from the following options:

a) Fifteen minutes every two hours during ordinary workdays.

b) Half an hour twice a day.

c) Alternatively, she may choose to start work one hour later or leave work one hour earlier. For any of these three options, the hour shall be paid. This shall be communicated to the employer, and if necessary, the parties may agree on any of the above options.

Multiple births One hour of breastfeeding time shall apply for each breastfeeding child.

Overtime work In the case of overtime work, women during the breastfeeding period shall have a fifteen-minute period every three hours, in addition to the hour corresponding to the ordinary workday, to feed the child.

Time for milk expression Breastfeeding employees shall have spaces during the workday to express milk, with a minimum of 25 minutes every three working hours. These periods may be modified according to the physiological needs of breastfeeding mothers with a medical certification. These periods shall be computed as effective working time for remuneration purposes and may not be considered breastfeeding periods; therefore, they are not cumulative and may not be used for any other purpose.

Breastfeeding spaces Any employer who has breastfeeding mothers at their workplace shall be required to provide an ideal breastfeeding space so that mothers can breastfeed their children safely and express and store breast milk in an appropriate space at their workplace. This space must ensure privacy and hygiene, within the employer’s economic possibilities, and must have the approval of the occupational health and safety office. Likewise, a space within the facilities must be provided to ensure that milk can be expressed and stored appropriately at the workplace.

Loss of the child In cases of the loss of a child, the mother may request a period for milk expression to carry out the cessation of the breastfeeding process, with a medical certification indicating the time required to complete the process without harm to her health.

Other rights The law also establishes rights for student mothers, migrant mothers, and mothers in private detention centers.

We will provide updates as soon as the law is published in La Gaceta. If you wish to understand how this law may impact your organization or require adjustments to internal policies, our team is ready to advise you.