A new report from the University of NH’s Institute on Disability (IOD) shows significant gaps in how prepared buisnesses are to comply with workplace lactation requirements before a new law goes into effect. The IOD’s NH Occupational Health Surveillance Program (NH OHSP) 2024 statewide business survey found that while many employers are physically equipped to support employees who may be nursing, they are falling short in policy and communication.
Beginning July 1, NH businesses with six or more employees must comply with a new law, NH RSA 275:78, which mandates reasonable break times to allow for milk expression, a private, non-bathroom space shielded from intrusion and a formal, written lactation support policy provided to employees.
The UNH survey revealed the following key findings:
- Policy gaps persist: Despite 76.8% of employers reporting awareness of the upcoming law, over half (53.1%) lack a formal written policy. This disconnect suggests that awareness alone has yet to translate into preparedness.
- Facilities are in place, but awareness isn’t: A majority of businesses (64.5%) already have the required physical infrastructure. Yet, many employees are unaware of these resources, highlighting a communication breakdown.
- Real but surmountable barriers: Employers cited space limitations (47.6%) and low usage rates (15.9%) as top challenges. However, most are not tracking the impact of their lactation spaces, making it difficult to evaluate effectiveness or justify improvements.
“Research shows that businesses with proactive lactation support see stronger employee satisfaction and higher return-to-work rates among new mothers,” says says Liu Yang, project director and principal investigator of the NH Occupational Health Surveillance Program. “By acting now, businesses ensure legal compliance and demonstrate commitment to inclusive, family-friendly workplaces that retain talent and promote well-being.”
To prepare for the new lactation law, the survey encourages employers to develop and distribute a formal lactation policy, educate staff about available accommodations, and create flexible plans, even shared or temporary spaces, to support nursing parents.
“Supporting nursing mothers isn’t just the law, it’s smart business,” says Yang. “Clear policies and effective communication make a measurable difference in employee well-being and retention. New Hampshire employers have a great opportunity to foster inclusive, family-friendly workplaces that empower working parents.”