New Hampshire employers with six or more employees working in the state will be required to develop a policy to address the provision of sufficient space and reasonable break periods for nursing employees that need to express milk during working hours, absent an undue hardship. “Sufficient space” in this context means the following:
- The location of the space provided must be within a reasonable walk of the employee’s worksite, unless otherwise mutually agreed to by the employer and employee.
- Sufficient space provided cannot be a bathroom, and must be a clean space shielded from view and free from intrusion from coworkers and the public.
- If the space is not solely for the use of employees expressing milk it must be made available when requested.
- If feasible, the room must have, at a minimum, an electrical outlet and a chair.
Reasonable break periods must be provided for a period of one year from the date of birth of the child. Employees are not required to make up time related to use of unpaid reasonable break periods.
The above requirements are effective July 1, 2025.
