Laws About Breastfeeding

Depending on the region or state where your company is located, you may be required to fulfill certain laws to accommodate all employees who wish to breast feed.

Here are some helpful resources that can help you navigate these regulations.

United States

Federal

The US Federal Government established clear guidelines on breastfeeding accommodations in Section 7 of the 2010 Fair Labor Standards Act (FLSA), including:

  • reasonable break time to express breast milk for 1 year after a baby’s birth;
  • sufficient space in a private space that is not a bathroom (here are some examples)
  • can include just a chair in a screened-off area
  • employers are not required to pay for breast-pumping breaks, but many do
  • time accommodations can include:
    • flexible schedule
    • opportunity to work extra time (arriving earlier or staying later)
    • shorter meal break

What Employers Need to Know about Breastfeeding and Work – Office on Women’s Health (part of the U.S. Department of Health and Human Services [HHS])

Business Case for Breastfeeding – Office on Women’s Health

Steps for Creating a Breastfeeding Friendly Worksite: Easy Steps to Supporting Breastfeeding Employees – Office on Women’s Health

Fact Sheet on Break Time for Nursing Mothers under the FLSA – U.S. Department of Labor

Break Time for Nursing Mothers – U.S. Department of Labor

Frequently Asked Questions – Break Time for Nursing Mothers – U.S. Department of Labor

State by State

In the US, each state promotes breastfeeding at work to a different degree. Many go beyond the federal laws by requiring accommodations.

All fifty states protect a woman’s right to breastfeed her baby in any public or private location.

Thirty states exempt public indecency laws including Alaska, Arizona, Arkansas, Florida, Idaho, Illinois,Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming.

Twenty-nine states, as well as the District of Columbia and Puerto Rico, have specific laws for how employers should accommodate breastfeeding in the workplace including Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Minnesota, Mississippi, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wyoming.
(Source: National Conference of State Legislatures)

 

Arkansas

 

California

 

Colorado

 

Connecticut

 

Delaware

 

Georgia

 

Hawaii

 

Illinois

A 2018 bill requires Illinois employers with more than 5 employees to provide employees who wish to breastfeed with reasonable paid break time (in addition to an unpaid 30-minute lunch period) to express milk for up to 1 year after the birth. Previously, the law only required unpaid break time, but it did not limit the timeframe to one year. Any additional break time to express milk must be paid.
If the employer believes break times create an undue hardship that disrupt operations, they must demonstrate this in order to avoid complying with the requirements.
(Source: HR Source)

Northern Illinois University Workplace Breastfeeding Policy and Procedure

 

Indiana

 

Louisiana

 

Maine

 

Mississippi

 

Montana

 

New Hampshire

 

New Jersey

 

New Mexico

 

New York

 

North Dakota

 

Oklahoma

 

Oregon

 

Rhode Island

 

Tennessee

Breastfeeding Laws, Data, and Support – Tennessee Department of Health

Tennessee Breastfeeding “Welcomed Here” Directory – Tennessee Department of Health

 

Texas

 

Utah

 

Vermont

 

Virginia

 

Washington

Pregnancy and Breastfeeding Accommodations – Washington State Office of the Attorney General

Expression of Breast Milk in the Workplace: Reasonable Accommodation – 2019 Washington House of Representatives Bill 1930

Workplace breastfeeding policies: Infant-friendly designation – Washington State Legislature RCW 43.70.640

 

Wyoming

 


Australia

Breastfeeding Friendly Workplace – Australian Breastfeeding Association

 


 

Canada

Ontario

Breastfeeding Friendly Workplace Toolkit – Waterloo Public Health Waterloo, Canada

 



Ireland

Breastfeeding in Ireland: A five-year strategic action plan – National Committee on Breastfeeding, Department of Health and Children

 


Scotland

Becoming Breastfeeding Friendly Scotland: Report – Scotland Children and Families Directorate


Examples of Breastfeeding Programs and Policies

Healthy Communities Strategy for Breastfeeding Designation – North Carolina Public Health

Florida Breastfeeding Friendly Employer Award – Florida Breastfeeding Coalition Inc.

Breastfeeding Friendly Worksite Program – Missouri WIC

Investing in Workplace Breastfeeding Programs and Policies: An Employer’s Toolkit – National Business Group on Health Center for Prevention and Health Services

 

Want to Connect?

Let’s discuss how to start a Lactation or Infant at Work program in your organization.

Fill out an online form to get the ball rolling.

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