New Hampshire: Lactation Break and Space Requirements
The short answer
Yes, if the employer has at least six employees working in New Hampshire and does not qualify for undue-hardship relief. State law defines the ordinary lactation break as unpaid and approximately 30 minutes per three hours worked for one year after birth, bars requiring make-up time, and requires a nearby clean non-bathroom space. Employers must adopt a policy, provide it at hire, and generally receive two weeks' advance notice; violations now carry a one-time civil penalty.
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This is the general rule in New Hampshire. Ezel applies current New Hampshire law to your specific facts and answers with citations to the statutes.
| State law and federal interaction | RSA 275:78-:83 require an unpaid break schedule, nearby private space, policy/notice, hardship relief, and a civil penalty; effective July 1, 2025, with RSA 275:82 penalty effective July 1, 2026. Federal § 218d runs alongside and preserves greater protection |
|---|---|
| Covered employers and employees | Employer with 6+ employees working in New Hampshire, including the State and political subdivisions; unpaid volunteers at public/charitable/religious facilities excluded (RSA 275:78). Employer may be exempted if time and space impose undue hardship (RSA 275:83) |
| Break frequency and duration window | Unpaid break of approximately 30 minutes per 3 hours worked, for 1 year after birth; different reasonable periods may be negotiated; may run contemporaneously with existing break/meal periods; no make-up time required (RSA 275:78(IV), :81) |
| Paid status and work during break | State-defined reasonable lactation break is unpaid, and employer cannot require the employee to make up that time (RSA 275:78(IV), :81(III)). Federal law still treats the entire period as hours worked when duties continue |
| Space location and privacy | Temporary or permanent space within a reasonable walk unless mutually agreed otherwise; not a bathroom; clean, shielded from view, intrusion-free; nondedicated space must be available when requested (RSA 275:80) |
| Equipment, water, cooling, and access | If feasible, room must have at least an electrical outlet and chair; statute adds no surface, water/sink, refrigerator/cooler, or separate hazard checklist (RSA 275:80(III)(b)) |
| Request, notice, policy, and response | Employer must adopt a time/space policy and make it available at hire. Nursing employee must notify employer at least 2 weeks before needing breaks/space, consistent with employer policy; no fixed written-response deadline (RSA 275:79) |
| Job protection, enforcement, and remedies | No lactation-specific retaliation or private-damages clause in RSA 275:78-:83. Violation carries a one-time civil penalty under RSA 273:11-a; Commissioner may impose up to $2,500 after hearing, ordinarily after one written warning and 30-day cure period (RSA 275:82; RSA 273:11-a) |
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Requirements one by one
State coverage begins at six employees
RSA 275:78 covers an employer with six or more employees working in New
Hampshire and includes the State and its political subdivisions. The employee
definition excludes an individual volunteering without expected pay for a
public, charitable, or religious facility.
RSA 275:83 permits an employer to be exempted from the subdivision if providing
reasonable break time and sufficient space would impose undue hardship on the
employer's operations. Federal coverage and its separate hardship test must
still be considered when the state threshold or exemption applies.
The state schedule is about 30 minutes per three hours
RSA 275:78 defines a reasonable break period as an unpaid break of approximately
30 minutes for every three hours worked by a nursing employee to express milk.
RSA 275:81 applies the right for one year from birth, permits employer and
employee to negotiate different reasonable break periods, and allows the time
to run contemporaneously with existing break or meal periods.
The employer may not require the employee to make up the unpaid time. Federal
law separately makes the entire period hours worked when duties continue.
The space must be nearby, clean, and private
RSA 275:80 permits temporary or permanent space but generally places it within a
reasonable walk of the employee's worksite unless the parties agree otherwise.
The space cannot be a bathroom and must be clean, shielded from view, and free
from coworker and public intrusion.
If the room is not dedicated to expressing milk, it must be available when
requested. If feasible, it must have at least an electrical outlet and chair.
The statute does not add a pump surface, water or sink, refrigeration or cooler,
or separate hazard checklist.
Policy and advance notice are mandatory
RSA 275:79 requires every covered employer to adopt a policy addressing
sufficient space and reasonable breaks and make the policy available at hire.
A nursing employee must notify the employer at least two weeks before needing
the breaks and space, in compliance with the employer's policy. No fixed written
response or denial deadline appears in the subdivision.
The penalty is now effective
RSA 275:82 took effect July 1, 2026. It makes a violating employer subject to a
one-time civil penalty under RSA 273:11-a. The labor commissioner may impose up
to $2,500 after a hearing. Because lactation violations are not among
§ 273:11-a(III)'s listed no-warning categories, the ordinary process calls for
one written warning and 30 days to cure first.
The lactation subdivision does not state a separate retaliation ban, private
damages action, or attorney-fee award. Federal and other state protections may
provide separate routes depending on the facts.
What trips people up
The state break is expressly unpaid. That does not authorize unpaid work.
Federal law requires pay when the employee is not completely relieved from duty.
Thirty minutes per three hours is approximate, not an inflexible clock. The
definition uses “approximately,” and § 275:81 allows different reasonable periods
by agreement.
The chair and outlet duty is feasibility-qualified. Privacy, cleanliness,
the bathroom ban, and availability of nondedicated space are stated without that
same “if feasible” phrase.
Common questions
Can the employee use an existing meal or rest break?
Yes. RSA 275:81(II) expressly permits taking the lactation break
contemporaneously with an existing break or meal period.
Can the employer require the unpaid time to be made up later?
No. RSA 275:81(III) bars requiring make-up time related to use of the unpaid
reasonable break periods.
Does the employer need a permanent lactation room?
No. RSA 275:80 allows temporary or permanent space, provided the other location,
privacy, cleanliness, access, and feasible-equipment terms are met.
Statutes and sources
- RSA 275:78 — coverage and definitions, including the unpaid approximate
30-minutes-per-three-hours schedule.“Reasonable break period” shall mean an unpaid break of approximately 30
minutes for every 3 hours of work performed.
Official source: https://gc.nh.gov/rsa/html/XXIII/275/275-78.htm (accessed 2026-07-22)
- RSA 275:79 — employer policy, hire-time availability, and two-week notice.
A nursing employee shall notify its employer at least 2 weeks prior to
needing reasonable break periods and sufficient space.
Official source: https://gc.nh.gov/rsa/html/XXIII/275/275-79.htm (accessed 2026-07-22)
- RSA 275:80 — location, privacy, cleanliness, nondedicated availability,
and feasible chair/outlet.
Sufficient space ... shall not be a bathroom, and shall be a clean space
shielded from view and free from intrusion from coworkers and the public.
Official source: https://gc.nh.gov/rsa/html/XXIII/275/275-80.htm (accessed 2026-07-22)
- RSA 275:81 — one-year window, negotiated schedule, concurrency, and no
make-up time.
An employer shall not require an employee to make up time related to use of
unpaid reasonable break periods.
Official source: https://gc.nh.gov/rsa/html/XXIII/275/275-81.htm (accessed 2026-07-22)
- RSA 275:82-:83 and RSA 273:11-a — civil penalty, hardship exemption,
maximum amount, warning, and cure.
Any employer who violates any provision of this subdivision shall be
subject to a one-time civil penalty pursuant to RSA 273:11-a.
Official sources: https://gc.nh.gov/rsa/html/XXIII/275/275-82.htm, https://gc.nh.gov/rsa/html/XXIII/275/275-83.htm, and https://gc.nh.gov/rsa/html/XXIII/273/273-11-a.htm (accessed 2026-07-22)
- 29 U.S.C. § 218d(a)-(c), (h) — federal time, space, pay, hardship, and
greater-protection rules.
Break time ... shall be considered hours worked if the employee is not
completely relieved from duty during the entirety of such break.
Official source: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218d&num=0&edition=prelim (accessed 2026-07-22)
Source links
Every statute quoted above, linked, with the date we checked it.
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