On September 27, 2022, the Legislative Assembly of El Salvador issued the law, “Love Converted into Food for the Promotion, Protection and Support of Breastfeeding.” This law has labor implications for companies regarding the establishment of lactation rooms and the granting of paid breaks to recent mothers to breastfeed or collect their milk during working hours.
Below, we list the new law’s most relevant content from an employment perspective:
- It revokes the Breastfeeding Promotion, Protection and Support law.
- Companies where fertile-age, pregnant, or breastfeeding women work must install a workspace lactation room that complies with pending guidelines from the Ministry of Health, which must maintain a registry of authorized rooms.
- Companies must grant a breastfeeding employee a one-hour paid break during working hours to breastfeed or collect her milk for six months after giving birth. If the work shift exceeds eight hours, the employee is entitled to an additional 1-hour break.
- The Ministry of Labor and Welfare or the Ministry of Health will supervise the requirements of this law through regular inspections.
- The violation of the obligations to install lactation rooms, install them under the guidelines issued by the Ministry of Health, or grant employees with breastfeeding breaks, are considered severe infractions and may be sanctioned by the Nutrition Unit of the Ministry of Health with a fine of up to $18,250.00.
- The law will enter into force 180 days after its publication in the Official Gazette.
BLP has ample experience advising national and international companies on employment matters in all of Central America.