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

   1. (a) clean and private;
   2. (b) near the employee's workspace; and
   3. (c) not a bathroom; and

2. (2) flexible break times.

   B. An employer shall not be liable for:

3. (1) storage or refrigeration of breast milk;
4. (2) payment for a nursing mother's break time in addition to established employee breaks; or
5. (3) payment of overtime while a nursing mother is using a breast pump.

History: Laws 2007, ch. 18, § 1.

ANNOTATIONS

Effective dates. — Laws 2007, ch. 18, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.