Breastfeeding in the Workplace

The Patient Protection and Affordable Care Act requires employers subject to the Fair Labor Standards Act (FLSA) to provide unpaid reasonable break time for an employee to express breast milk. The employer must also provide a private place, other than a bathroom, where the employee can express breast milk each time she has the need. Break time for nursing mothers must be provided for a period of one year following the birth of the child. Employees with less than 50 employees may be exempt from these requirements if they would impose an undue hardship by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the business.

State Law

Many states have laws that allow mothers to breastfeed their infants where mothers and children are authorized to be. This general rule includes the workplace. In addition, several states have specific rules regarding the right of women to take a break during working hours to breastfeed. These state rules may include provisions that have to be made for employees breastfeeding and whether these breaks are to be paid or unpaid. If you are an employer in one of these states, you will want to make sure you are in compliance with the laws in your state. If state law provides greater protection for nursing mothers in the workplace than federal law, an employer is obligated to provide any greater protections prescribed by state law.

Use our state map to learn what's required in your state. Those states that have no rules regarding breastfeeding are colored blue.