Oct 6, 2025
How to do it: real step-by-step examples
Below are practical examples of implementation according to different scenarios:
Scenario / company | Suggested modality | Recommended steps | Special considerations |
Corporate-type office with available space | Permanent breastfeeding room | 1. Identify an unused room or space. 2. Measure and ensure at least 2 m² free for the use of the breastfeeding person (excluding furniture). 3. Install furniture: chair with backrest and armrests, table or fixed shelf, sink nearby or within 20 m, lighting ≥ 200 lux, ventilation. 4. Place an exclusive refrigerator (minimum 38 liters) with a lock. 5. Labeling, cleaning supplies, soap dispensers, covered trash bin, daily cleaning plan. 6. Take photos of each requirement, prepare a floor plan, sworn statement, and letter requesting approval from MTSS (Occupational Health Council). 7. Submit the request and wait for resolution within 22 calendar days; if there are observations, correct them within 10 business days. 8. Maintain validity as long as there are breastfeeding workers. | If the room already existed before the regulation and had an old approval (under the previous decree), it is not necessary to redo everything unless it was closed or its conditions changed. The regulation contemplates this in its Transitory Article II. |
Commercial premises or small business with little free area | Breastfeeding booth or zone | 1. Choose an individual booth (mobile or fixed) or a private delimited area within the premises. 2. Ensure that even in a booth or zone there are at least 2 m² free so the worker can move safely. 3. The booth must have a door, ventilation or air system, lighting, seat, shelf, etc. (see articles 5 and 6 of the regulation). 4. Place a refrigerator nearby or inside the space, securely. 5. Guarantee privacy: curtains, partitions, prohibit third-party access. 6. Photos of each requirement, floor plan, sworn statement, approval request letter. 7. Submit to MTSS, process approval, correct observations if any. | For companies with very limited space, the regulation allows sharing a breastfeeding space with other workplaces located within a maximum radius of 100 meters, as long as it meets all technical requirements. |
Condominiums or twin offices | Shared breastfeeding room among companies | 1. Companies whose premises are in the same building or property may agree to use the same breastfeeding room. 2. That space must meet all the regulation’s conditions (ventilation, hygiene, furniture). 3. Distribute responsibilities (who maintains, cleans, pays for services, insurance, access). 4. All interested companies must request MTSS approval as users of the same space (they may present a shared refrigerator or separate ones). 5. In case of closure or changes, each employer must inform the Occupational Safety and Health Department. | This option is ideal for small firms or businesses located in shopping centers, markets, condominiums, or adjoining offices. |
Legal aspects and sanctions
If the space is not adapted or the approval is not processed, the National Labor Inspection Directorate may impose fines ranging from one to twenty-three monthly base salaries, depending on severity and recurrence.
If the noncompliance endangers public health or hygiene, the Ministry of Health may apply special sanitary measures, including closure of the establishment or cancellation of permits.
Inspections may arise from labor complaints or on-site visits by the MTSS or the Health Regulatory Areas.
If the breastfeeding space is closed and later reopened, it must be reported and validated to ensure that original conditions remain the same in order to keep the approval valid.
Breastfeeding and telework: specific issues and recommendations
The regulation mainly targets physical workplaces, but the telework context brings practical scenarios that deserve attention:
What happens to someone working from home?
If a mother is in a breastfeeding period and works under telework modality (from her home), she still has the legal right to breastfeeding time during her workday.
However, since it is not a “workplace” in the traditional sense, the MTSS approval is not mandatory for her home space.
What matters is that the company provides schedule flexibility, adequate breaks, and conditions so the mother can express milk using personal resources (connectivity, authorized breaks, clear contractual clauses).
Concrete recommendations to apply in telework
· Allow breastfeeding breaks during the workday, at reasonable times.
· Ensure that the worker has a chair, table, electrical outlet, and privacy at home.
· If the company provides equipment or supplies for milk extraction (electric pump, container, bags, labeling), it must assume them as part of the telework kit.
· Document in the employment contract or company policy that the right to breastfeeding also applies in telework, with coordination mechanisms.
· In cases where the teleworking mother occasionally has to attend the office or workplace, ensure that the physical breastfeeding space is enabled that day in accordance with the regulation.
This type of telework-breastfeeding regulation could be subject to future interpretations by the labor authority, but for now, there is no specific or clear regulation in the current rule for home environments.