Starting July 1, 2025, employers with six or more employees working in New Hampshire must comply with the State’s new laws for lactating employees. Policies Relating to Nursing Mothers (RSA 275:78-83) was signed into law on August 4, 2023, by Governor Sununu. It aligns NH state law with the Federal PUMP Act (29 U.S.C. § 218d) but also includes enhanced protections that employers must consider.

What is required of employers under NH law?

Every employer with six or more employees working in New Hampshire must:

1. Adopt a policy that addresses the provision of sufficient space and reasonable break periods for nursing employees who need to express milk, not to include breastfeeding, during working hours.

• Make this policy available to its employees at the time that each employee is hired.

• Provide access to reasonable, sufficient space, that can be either temporary or permanent, for an employee to use to express milk during working hours.

What is a reasonable and sufficient space?

A reasonable and sufficient space is one that is within a reasonable walk of the employee’s worksite, is not a bathroom, is clean, shielded from view, and free from intrusion from coworkers and the public. At minimum, the space must have an electrical outlet and a chair, if feasible. This language can be confusing but seems to indicate that a chair and electrical outlet is the requirement, unless the employer has a legitimate reason for not...

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