On November 13, 2025, Law No. 498 was enacted. This law will come into effect in six (6) months in Panamanian territory and aims to promote and protect breastfeeding to ensure safe and effective nutrition for infants through the Ministry of Health. Due to its importance, it is necessary to understand the different proposals and implementations that will take place across the country.

How will this new law affect employers and working mothers?

1. All female employees who are breastfeeding must have access to a private and adequate space to express and store breast milk or to breastfeed their infants.
2. Working mothers who are breastfeeding, regardless of whether they work in the public or private sector or whether their work is on-site or remote, will be entitled to paid breaks of fifteen (15) minutes every two (2) hours, or thirty (30) minutes twice a day, to express milk or breastfeed their infant. Importantly, travel time to the lactation room will not count as part of the break.
3. There must be an agreement between the employee and the employer regarding how the breastfeeding break time will be taken.
4. The right to this special break, established by the law, can only be exercised during working hours; therefore, employees cannot arrive late or leave early due to expressing milk or breastfeeding.
5. Private sector workplaces with more than twenty (20) women of childbearing age must have a lactation room that meets the Ministry of Health (MINSA) requirements.

If the number of employees is below this threshold, a private lactation room must still be implemented according to minimum requirements.

6. The private sector must guarantee the period for expressing milk and/or breastfeeding until the infant reaches six (6) months of age. However, for milk expression only, this period can extend up to twelve (12) months. Additionally, for medical reasons and under prescription, this right may be extended.
7. Mothers must contribute to the proper use of lactation facilities, and private companies must allow access, provide guidance on correct usage, and conduct ongoing awareness campaigns on the benefits of breastfeeding for both mother and child.
8. Employers who fail to comply with the obligations established by this law will face sanctions according to the Labor Code and/or the Sanitary Code.

Final Provisions of the Law

The law emphasizes that breastfeeding should be promoted every day and that each year the World Breastfeeding Week will be celebrated in the Republic of Panama, from August 1st to 7th, to highlight the importance of this practice.

Public and private institutions must carry out activities based on the global theme proposed by the World Alliance for Breastfeeding Action (WABA).

It is important that employers take into consideration that, once Law No. 498 comes into effect, in six (6) months, they will have a one (1) year period to review and update their internal regulations, manuals, and policies in order to comply with the provisions of the Breastfeeding Law.

Conclusions and Recommendations

Undoubtedly, for the proper implementation of Law No. 498 on Breastfeeding, it is essential to correctly establish lactation rooms or designated areas for expressing breast milk, ensuring that working mothers can provide their infants with adequate and beneficial nutrition for proper development. Additionally, it is recommended that, within the established timeframe, the necessary modifications be made to company regulations and internal policies to ensure compliance by both employers and employees with the provisions outlined above.

This also helps private companies take a more active role, not only by providing these safe spaces for mothers, but also by promoting breastfeeding, demonstrating their commitment to the nutrition of future generations and the physical, psychological, and social well-being of their employees.

 

By: Sofía Grajales Wilson

Department of Labor and Employment