New Requirements for “Breastfeeding-Friendly Rooms in the Workplace”

Colombian legislation continues to strengthen protections for maternity and breastfeeding within the professional environment. In this context, it is essential for companies to review their current obligations regarding the implementation of “Breastfeeding-Friendly Rooms in the Workplace,” pursuant to Law 1823 of 2017, Law 2458 of 2025, and the recent Resolution 610 of 2026 issued by the Ministry of Health and Social Protection.

What are Breastfeeding-Friendly Rooms?

Under Law 1823 of 2017, specific employers are mandated to provide a dignified, private, and technically equipped space within their premises. These areas allow breastfeeding employees to safely express and store breast milk during the workday.

> Note: The availability of these rooms does not replace or limit the right to paid breastfeeding breaks as established in Article 238 of the Substantive Labor Code.

- Who is required to implement them?

1. Public Sector: National and regional entities, including both central and decentralized sectors.

2. Private Companies:

* Those with capital equal to or exceeding 1,500 SMMLV.

* Those with lower capital but employing more than 50 workers.

Additional Considerations:

Work Modalities: The obligation remains in effect even if the company operates under teleworking or hybrid models.

Multi-site Operations: Rooms must be established at the main headquarters and any branch with more than 50 employees.

Shared Spaces: Companies sharing physical facilities may implement a joint Room.

Outsourced Personnel: Employees working at third-party facilities are entitled to use the Rooms established at those locations.

- Registration and Verification

Once a Room is established, the entity must:

 Register the Room with the corresponding Municipal or District Health Secretariat within ten (10) business days of its opening.

Facilitate a verification visit by the health authority, which will typically occur within two months of registration.

- Registration and Verification

Entities subject to these regulations must have their Rooms fully operational no later than July 13, 2026. Failure to comply with the implementation or the technical standards of Resolution 610 may result in sanctions imposed by local Health Secretariats.

- Registration and Verification

Given the approaching deadline, we recommend that organizations:

1. Audit Compliance Criteria: Confirm whether the company meets the capital or employee thresholds that trigger this obligation.

2. Technical Review: Evaluate current facilities against the infrastructure requirements set by Resolution 610 of 2026.

3. Policy Updates: Revise internal handbooks and wellness policies regarding maternity and breastfeeding.

4. Timely Execution: Begin the adequacy and registration process immediately to ensure full compliance before the July deadline.

WRITTEN BY: LENY CORTEZ

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