State vs. Federal Workplace and Public Breastfeeding Laws

Breastfeeding is a natural and beneficial way for mothers to nurture their newborns. However, the act of breastfeeding, especially in public and workplace settings, has often been the subject of debate and scrutiny. It's essential to be aware of the rights and laws surrounding breastfeeding, whether you're a nursing mother or an employer.

Breastfeeding in public and workplace settings has been the subject of much debate. It's essential to be aware of the rights and laws surrounding breastfeeding, whether you're a nursing mother or an employer.

Breastfeeding in Public

Though the U.S. doesn't have a federal law specifically addressing breastfeeding in public, every state, including the District of Columbia, Puerto Rico, and the Virgin Islands, permits women to breastfeed in both public and private locations. This means a mother cannot be asked to leave a public place because she is breastfeeding.

Likewise, Congress passed the Fairness for Breastfeeding Mothers Act in 2019, which requires certain public buildings to provide a shielded, hygienic space other than a bathroom, that contains a chair, working surface, and an electrical outlet for use by members of the public to express milk.

That’s not the say that other protections may not be necessary. Currently, 31 states, along with the District of Columbia, Puerto Rico, and the Virgin Islands, have taken an extra step by exempting breastfeeding from public indecency laws. 

Breastfeeding at Work

The workplace presents its unique set of challenges for nursing mothers. Recognizing this, 32 states, the District of Columbia, and Puerto Rico have created laws that support and protect the rights of breastfeeding mothers in the workplace. These laws ensure that mothers are not discriminated against or penalized for taking breaks to nurse or express milk.

On the federal level, a 2010 update to the Fair Labor Standards Act (FLSA) mandated that employers offer reasonable break times for mothers to express breast milk for up to a year after their child's birth. Additionally, employers must provide a private space, other than a bathroom, where mothers can nurse or express milk without interruptions. While the law doesn't necessitate these breaks be paid, if an employer already compensates for breaks, a nursing mother must be compensated in the same manner.

However, it's essential to note that small businesses with fewer than 50 employees might be exempt from these requirements if they can demonstrate that adhering to them would result in undue hardship.

Know Your Rights with LegalFix

Breastfeeding is not just a personal choice; it's a health-related decision supported by numerous medical organizations worldwide. The laws and rights discussed above are vital to protect and support nursing mothers in their journey, ensuring they can provide for their children without facing discrimination or undue challenges.

However, given the state-by-state variation in laws and the nuances involved, it's important to have affordable, reliable access to an attorney knowledgeable about these issues in your state. Legal experts can offer guidance, ensuring mothers and employers alike understand and uphold the rights of breastfeeding women. Affordable and reliable legal counsel can make a world of difference in safeguarding the rights of nursing mothers.

Whether you want to learn more about public breastfeeding laws or just want a better understanding of how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and state-specific explanations of nearly 1,600 legal topics—or browse state and federal statutes to better understand the laws that affect you. Just visit LegalFix.com to find all this content—and check back often for more valuable legal products and services coming soon.