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Breastfeeding Laws By US States + Territories
Disclaimer
(Last Updated May 2026)
Breastfeeding laws vary across the United States, but all 50 states, Washington D.C., Puerto Rico, and the U.S. Virgin Islands provide legal protections or accommodations related to breastfeeding and lactation. These laws may include protections for public breastfeeding, workplace pumping accommodations, anti-discrimination protections, jury duty exemptions, school accommodations, and requirements for lactation spaces.
This page provides a simplified overview of breastfeeding protections in every U.S. state and territory. Laws can change over time, so always consult your state legislature or an attorney for official legal guidance.
The information provided on this page is for educational and informational purposes only and does not constitute formal legal advice.
Federal Breastfeeding Protections
In addition to state laws, many breastfeeding and pumping rights are protected under federal law. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) expanded workplace protections for breastfeeding employees across the United States. Under federal law, most employers are required to provide reasonable break time for employees to express breast milk during the workday for up to one year after childbirth.
The law also requires employers to provide a private lactation space that is shielded from view and free from intrusion. Bathrooms do not qualify as acceptable pumping spaces under federal law. These protections apply to many hourly and salaried employees, including workers who were previously excluded from older federal breastfeeding protections.
Federal protections may work alongside stronger state laws. Depending on the state, employees may have additional rights related to paid pumping breaks, longer accommodation periods, school protections, anti-discrimination protections, or workplace requirements beyond federal minimum standards.
Additional federal protections may also apply through:
- The Fair Labor Standards Act (FLSA)
- Pregnancy discrimination protections
- Affordable Care Act breastfeeding support coverage requirements
- Civil rights and anti-discrimination laws
Federal Resources
- PUMP Act Information: https://www.dol.gov/agencies/whd/pump-at-work
- Breastfeeding Support Coverage: https://www.healthcare.gov/coverage/breast-feeding-benefits/
Know Your Rights
- Breastfeeding in public is protected in all 50 states
- Breastfeeding is excluded from indecency / obscenity laws in most states
- Federal law requires most employers to provide break time and a private space to pump (non-bathroom)
- Many states expand workplace protections beyond federal minimums
- Some states extend lactation rights to students in schools and colleges
- Certain states allow jury duty deferral or exemption for nursing parents
- Anti-discrimination protections may apply in employment, housing, and public accommodations depending on the state
- Local protections can exceed federal law, so state-specific rules may offer additional rights
If You Are Facing Discrimination
If your breastfeeding or pumping rights are being denied, restricted, or ignored, you may have options for reporting and support:
- Contact your employer’s HR department or internal complaint process
- File a complaint with your state’s labor department or workforce agency
- Reach out to your state or local civil rights agency (for discrimination in employment or public spaces)
- Contact the U.S. Department of Labor (for workplace pumping violations under federal law)
- Document incidents (dates, times, what was said/done, and any witnesses) in case you need to file a formal complaint
STATES + TERRITORIES
Alabama
Alabama law protects a parent’s right to breastfeed in public or private locations where they are otherwise authorized to be. Breastfeeding cannot be restricted solely because it occurs in public, and the state recognizes breastfeeding as an important public health issue.
Alaska
Alaska protects breastfeeding in both public and private spaces and specifically prevents municipalities from restricting breastfeeding rights. State law also clarifies that breastfeeding is not indecent exposure or lewd conduct.
Laws:
Alaska Statute 29.25.080
Alaska Statute 01.10.060
Arizona
Arizona law allows mothers to breastfeed anywhere they are legally permitted to be. Breastfeeding is exempt from indecent exposure laws, helping protect nursing parents from discrimination or criminalization.
Laws:
Arizona Revised Statutes § 41-1443
Arizona Revised Statutes § 13-1402
Arkansas
Arkansas protects public breastfeeding rights and exempts breastfeeding from indecent exposure laws. Employers are also required to provide reasonable unpaid break time and accommodations for employees expressing milk.
Laws:
Arkansas Code § 20-27-2001
Arkansas Code § 11-5-116
California
California has some of the strongest breastfeeding protections in the country. Parents may breastfeed in public or private locations where they are authorized to be. Employers must provide reasonable break time and private lactation spaces, and schools must accommodate lactating students.
Laws:
California Civil Code § 43.3
California Labor Code § 1030
Colorado
Colorado law protects the right to breastfeed anywhere a parent has a legal right to be. Employers are also required to provide reasonable break time, private pumping spaces, and accommodations for expressing milk in the workplace.
Laws:
Colorado Revised Statutes § 25-6-302
Colorado Revised Statutes § 8-13.5-104
Connecticut
Connecticut prohibits discrimination against breastfeeding parents in public accommodations and employment settings. Employers must provide break time and a private, sanitary pumping location that is not a bathroom.
Laws:
Connecticut General Statutes § 46a-64
Connecticut General Statutes § 31-40w
Delaware
Delaware protects breastfeeding in places of public accommodation and requires employers to provide reasonable accommodations for pumping employees. State law also protects workers from retaliation related to lactation needs.
Laws:
Delaware Code Title 31 Chapter 3
Delaware Code Title 19 Chapter 7
District of Columbia
Washington D.C. prohibits breastfeeding discrimination and requires employers to provide reasonable break time and private spaces for expressing milk. Public accommodations may not interfere with breastfeeding rights.
Laws:
D.C. Code § 2-1402.81
D.C. Code § 32-1231.03
Florida
Florida law allows mothers to breastfeed in any public or private location where they are otherwise authorized to be. Breastfeeding is specifically exempt from indecent exposure laws.
Laws:
Florida Statute § 383.015
Florida Statute § 800.03
Georgia
Georgia law protects breastfeeding anywhere a parent is authorized to be. Employers are required to provide reasonable break time and private pumping spaces for nursing employees.
Laws:
Georgia Code § 31-1-9
Georgia Code § 34-1-6
Hawaii
Hawaii prohibits discrimination against breastfeeding parents in employment and public accommodations. Employers must provide reasonable break time and facilities for expressing milk.
Laws:
Hawaii Revised Statutes § 378-2
Hawaii Revised Statutes § 378-92
Idaho
Idaho exempts breastfeeding from indecent exposure laws and allows nursing parents to request postponement of jury duty. State law recognizes breastfeeding as a protected and lawful activity.
Laws:
Idaho Code § 18-4101
Idaho Code § 2-212
Illinois
Illinois protects breastfeeding in both public and private settings and requires employers to provide accommodations for pumping employees. Schools are also required to support lactating students.
Laws:
Illinois Right to Breastfeed Act
Illinois Nursing Mothers in the Workplace Act
Indiana
Indiana allows mothers to breastfeed anywhere they are legally authorized to be. Employers must provide reasonable accommodations for expressing milk during work hours.
Laws:
Indiana Code § 16-35-6-1
Indiana Code § 22-2-14-2
Iowa
Iowa protects breastfeeding in public places and allows nursing parents to request exemption from jury duty. State law supports breastfeeding as a protected public health practice.
Laws:
Iowa Code § 135.30A
Iowa Code § 607A.5
Kansas
Kansas protects breastfeeding statewide and permits nursing mothers to postpone jury service. Public breastfeeding cannot legally be restricted solely because it occurs in public.
Laws:
Kansas Statute § 65-1248
Kansas Statute § 43-158
Kentucky
Kentucky protects breastfeeding in public and private spaces and specifically exempts breastfeeding from indecent exposure laws. Parents cannot legally be asked to stop breastfeeding solely because someone is uncomfortable.
Laws:
Kentucky Revised Statute § 211.755
Kentucky Revised Statute § 510.148
Louisiana
Louisiana law allows breastfeeding anywhere a parent is otherwise authorized to be. State-owned buildings are also required to provide accommodations for lactation needs.
Laws:
Louisiana Revised Statute § 17:81
Louisiana Revised Statute § 49:148.1
Maine
Maine protects breastfeeding in public and private spaces and requires employers to provide reasonable pumping accommodations. State law also protects employees from discrimination related to lactation.
Laws:
Maine Revised Statute Title 5 § 4634
Maine Revised Statute Title 26 § 604
Maryland
Maryland protects breastfeeding in public and private locations and requires workplace accommodations for state employees who pump milk. State law supports equal treatment of breastfeeding parents.
Laws:
Maryland Health-General § 20-801
Maryland State Personnel § 2-310
Massachusetts
Massachusetts protects public breastfeeding rights and requires employers to reasonably accommodate lactating employees. State anti-discrimination law also protects pregnancy-related conditions including lactation.
Laws:
Massachusetts General Laws Chapter 111 § 221
Massachusetts General Laws Chapter 151B § 4
Michigan
Michigan exempts breastfeeding from indecent exposure laws and prohibits discrimination against breastfeeding parents in public accommodations.
Laws:
Michigan Compiled Laws § 41.181
Michigan Compiled Laws § 37.232
Minnesota
Minnesota law allows mothers to breastfeed anywhere they are authorized to be. Employers must provide reasonable unpaid break time and private pumping areas.
Laws:
Minnesota Statute § 145.905
Minnesota Statute § 181.939
Mississippi
Mississippi protects public breastfeeding rights and requires childcare facilities to accommodate breastfeeding parents. State law supports breastfeeding access and encouragement.
Laws:
Mississippi Code § 17-25-7
Mississippi Code § 43-20-31
Missouri
Missouri protects breastfeeding and expressing milk in public and private spaces. Local governments may not restrict breastfeeding rights.
Laws:
Missouri Revised Statute § 191.918
Missouri Revised Statute § 494.430
Montana
Montana law allows breastfeeding anywhere a parent has a legal right to be and requires employers to accommodate breastfeeding employees when possible.
Laws:
Montana Code § 50-19-501
Montana Code § 39-2-215
Nebraska
Nebraska protects breastfeeding in public and private places and requires schools to accommodate lactating students and employees.
Laws:
Nebraska Statute § 20-170
Nebraska Statute § 48-1102
Nevada
Nevada law allows mothers to breastfeed in any public or private location where they are otherwise authorized to be. Employers must provide reasonable accommodations for expressing milk.
Laws:
Nevada Revised Statute § 201.232
Nevada Revised Statute § 608.0193
New Hampshire
New Hampshire protects breastfeeding and states that breastfeeding is not indecent exposure. Restricting breastfeeding in public accommodations may also constitute discrimination.
Law:
New Hampshire RSA 132:10-d
New Jersey
New Jersey protects breastfeeding in places of public accommodation and prohibits workplace discrimination related to breastfeeding or pumping.
Laws:
New Jersey Statute § 26:4B-4
New Jersey Statute § 10:5-12
New Mexico
New Mexico protects breastfeeding anywhere a parent is authorized to be and requires employers to provide private pumping spaces when possible.
Laws:
New Mexico Statute § 28-20-1
New Mexico Statute § 28-20-2
New York
New York protects breastfeeding in public and private settings and requires employers to provide break time and private lactation spaces.
Laws:
New York Civil Rights Law Article 7 § 79-e
New York Labor Law § 206-c
North Carolina
North Carolina protects breastfeeding in public and exempts breastfeeding from indecent exposure laws.
Law:
North Carolina General Statute § 14-190.9
North Dakota
North Dakota protects breastfeeding in public and private spaces and encourages workplace breastfeeding support through state programs.
Law:
North Dakota Century Code Chapter 23-12
Ohio
Ohio protects breastfeeding in public accommodations and supports insurance coverage for breastfeeding support and supplies.
Law:
Ohio Revised Code § 3781.55
Oklahoma
Oklahoma protects breastfeeding anywhere a parent is authorized to be and requires employers to provide reasonable pumping accommodations.
Laws:
Oklahoma Statute Title 63 § 1-234.1
Oklahoma Statute Title 40 § 435
Oregon
Oregon protects breastfeeding in public places and requires employers to provide reasonable break time and lactation spaces.
Laws:
Oregon Revised Statute § 109.001
Oregon Revised Statute § 653.077
Pennsylvania
Pennsylvania law protects breastfeeding in public and clarifies that breastfeeding is not indecent exposure. Nursing mothers may also request exemption from jury duty.
Laws:
Pennsylvania Act 28 of 2007
Pennsylvania Jury Duty Law
Puerto Rico
Puerto Rico provides strong protections for breastfeeding, including workplace pumping rights, public breastfeeding protections, and requirements for breastfeeding areas in certain facilities.
Laws:
Puerto Rico Law 95-2004
Puerto Rico Law 427-2000
Rhode Island
Rhode Island protects breastfeeding in public and requires employers to reasonably accommodate lactating employees.
Laws:
Rhode Island General Law § 23-13.5-2
Rhode Island General Law § 28-5-7.4
South Carolina
South Carolina protects breastfeeding statewide and requires employers to provide reasonable accommodations for lactating employees.
Laws:
South Carolina Code Title 63 Chapter 5
South Carolina Code Title 41 Chapter 1
South Dakota
South Dakota exempts breastfeeding from indecency laws and protects the right to breastfeed in public and private spaces.
Laws:
South Dakota Codified Law 22-24A
South Dakota Codified Law 34-34
Tennessee
Tennessee protects breastfeeding anywhere a parent is authorized to be and requires workplace pumping accommodations.
Laws:
Tennessee Code Title 68 Chapter 58
Tennessee Code § 50-1-305
Texas
Texas law protects breastfeeding and expressing milk anywhere a parent is authorized to be. Public employees also receive workplace pumping protections.
Laws:
Texas Health and Safety Code Chapter 165
Texas Government Code Chapter 619
U.S. Virgin Islands
The U.S. Virgin Islands protects breastfeeding by clarifying that breastfeeding is not obscene or indecent conduct under territorial law.
Law:
Virgin Islands Code Title 14 § 1022
Utah
Utah protects breastfeeding in any location where a parent may legally be and requires employers to provide reasonable accommodations for pumping.
Laws:
Utah Code Title 13 Chapter 7a
Utah Code Title 34 Chapter 49
Vermont
Vermont protects breastfeeding in public accommodations and requires employers to provide pumping accommodations.
Laws:
Vermont Statute Title 9 § 4502
Vermont Statute Title 21 § 305
Virginia
Virginia protects breastfeeding anywhere a parent is lawfully present and requires schools and employers to provide lactation accommodations.
Laws:
Virginia Code § 32.1-370
Virginia Code § 22.1-79.6
Washington
Washington protects breastfeeding and expressing milk in public accommodations and prohibits discrimination against breastfeeding parents.
Laws:
Washington Revised Code § 49.60.215
Washington Revised Code § 9A.88.010
West Virginia
West Virginia law states that breastfeeding is not indecent exposure and protects public breastfeeding rights.
Laws:
West Virginia Code § 61-8-9
West Virginia Code § 16-1-19
Wisconsin
Wisconsin protects breastfeeding in public and private locations and states that no person may require a breastfeeding parent to move, cover up, or stop breastfeeding.
Laws:
Wisconsin Statute § 253.165
Wisconsin Statute § 944.20
Wyoming
Wyoming protects breastfeeding from public indecency laws and encourages workplace accommodations for lactating employees.
Guam
Guam protects breastfeeding in public and recognizes breastfeeding as a legally protected activity. Public breastfeeding cannot be treated as indecent exposure.
Law:
Guam Code Annotated § 3217
Northern Mariana Islands
The Northern Mariana Islands recognizes breastfeeding protections through public health and anti-discrimination policies supporting nursing parents.
Law:
Commonwealth Healthcare Corporation Policies
American Samoa
American Samoa supports breastfeeding through public health guidance and territorial health policies encouraging breastfeeding access and support.
Resource:
American Samoa Department of Health
This page is intended for educational purposes only and is not legal advice. Laws may change over time.
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Clarissa M Alves | Professional Full Spectrum Doula | NPI: 1326993049 | Serving Families Nationwide
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