Ark. Stat. Ann. § 11-5-116 (2009) requires an employer to provide reasonable unpaid break time each day to an employee who needs to express breast milk for their child and requires an employer to make a reasonable effort to provide a private, secure and sanitary room or other location other than a toilet stall where an employee can express their breast milk.

Cal. Government Code§ 12920-12923 (1980) and § 12926 (2012) make it unlawful to engage in specified discriminatory practices on the basis of sex, which includes breastfeeding or medical conditions related to breastfeeding, in the opportunity to seek, obtain and hold employment or housing.

Cal. Labor Code § 1030 et seq. (2001) requires employers to allow breaks and provide a room for a parent who desires to express milk in private. AB 1976 (2018) requires an employer to make reasonable efforts to provide an employee with the use of a room or a location other than a bathroom, for these purposes. 

SB 142 (2019) requires the room or location other than a bathroom to have prescribed features. This law requires an employer to provide access to a sink and refrigerator in close proximity to the employee's workspace. The law covers nursing employees for an unlimited number of years from the birth of their child, and applies to employers with 1 or more employees in the state.

AB-3280 (2024) requires superior courts to provide lactation rooms for court users, extending access to facilities already available to court employees.

In 2017, San Francisco (CA) became the first U.S. city to enact a city-wide lactation policy, Article 31: Lactation in the Workplace (2017). This policy mandates that all San Francisco employers, including those with part-time staff, provide break time and a lactation space (excluding bathrooms) for breastfeeding employees. The ordinance also sets quality standards for these spaces, requiring them to be clean, furnished with a chair and surface for a pump, located near a sink, and offer easy access to a refrigerator.

Colorado Workplace Accommodations for Nursing Mothers Act (C.R.S. § 8-13.5-101) (2008) acknowledges the benefits of breastfeeding and requires an employer to provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child's birth. 

The employer must make reasonable efforts to provide a place, other than a toilet stall, for the employee to express breast milk in privacy. This law covers nursing employees for two years from the birth of their child, and applies to employers with 1 or more employees in the state.

Conn. Gen. Stat. § 31-40w (2001) requires employers to provide a reasonable amount of time each day to an employee who needs to express breast milk for their infant child and to provide accommodations where an employee can express their milk in private. CT HB 5158 (2021) specifies certain parameters for a room or other location in the workplace that accommodates employee breastfeeding.

Del. Code Ann. tit. 19 § 710 (1997) requires companies to provide break time and appropriate facilities for expressing breast milk and applies to all working parents (exempt and non-exempt).

Del. Code Ann. tit. 19, § 710 and 711 (2013) defines reasonable accommodation to include the provision of break time and appropriate facilities for expressing breast milk. The law also makes it an unlawful practice for an employer to fail or refuse to make reasonable accommodations or deny employment opportunities to a job applicant or employee because of their need for reasonable accommodations.

D.C. Code Ann. § 2-1402.81 et seq. (2007) amend the Human Rights Act of 1977 to include breastfeeding as part of the definition of discrimination on the basis of sex, to ensure a parent's right to breastfeed their child in any location, public or private, where they have the right to be with their child. The law provides that breastfeeding is not a violation of indecent exposure laws. The law specifies that an employer shall provide reasonable daily unpaid break periods, as required by the employee, so that the employee may express breast milk for their child. These break periods shall run concurrently with any break periods that may already be provided to the employee. Requires that an employer make reasonable efforts to provide a sanitary room or other location, other than a bathroom or toilet stall, where an employee can express their breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee's work location.

D.C. Code Ann. § 32–1231.03 (2015) prohibits an employer from refusing to make reasonable accommodations for a breastfeeding employee unless the employer can show that the accommodation would impose an undue hardship.

Ga. Code § 34-1-6 (1999, 2020) requires employers to provide break time of reasonable duration to an employee who desires to express breast milk at the worksite during work hours, this break time shall be paid at the employee's regular rate of compensation. 

Employers are required to provide a private location, other than a restroom, for this activity. The law prohibits the employer from requiring a salaried employee to use paid leave during any break time or reducing the employee's salary because the salaried employee takes a break to express breast milk during the workday.

Bill No.153-32(2013) An employer must provide reasonable paid break time each day to an employee who needs to express breast milk for an infant child up to the age of two. The break time must, if possible, run concurrently with any break time already provided to the employee.

Hawaii Rev. Stat. § 367-3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble, and publish data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace. The law prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period.

Hawaii Rev. Stat. § 378-2 (2000) provides that it is unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace.

Hawaii Sess. Laws. Act. 249 (2013) requires specified employers to provide reasonable break time for an employee to express milk for a nursing child in a location, other than a bathroom, that is sanitary, shielded from view and free from intrusion. The law also requires employers to post notice of the application of this law in a conspicuous place accessible to employees.

Ill. Rev. Stat. ch. 820 § 260 (2001) creates the Nursing Mothers in the Workplace Act. Requires that employers provide reasonable unpaid break time each day to employees who need to express breast milk. The law requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee can express their milk in privacy. 

IL HB 1595(2018) prohibits employers from reducing an employee's compensation for time used to express milk or to nurse a baby.

Ill. Rev. Stat. ch. 68 § 5/2-102 (2017) states that "reasonable accommodations" means reasonable modifications or adjustments to the job application process or work environment that enable an applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of that position.

Ind. Code § 5-10-6-2 and § 22-2-14-2 (2008) provide that state and political subdivisions shall provide for reasonable paid breaks for an employee to express breast milk for their infant, make reasonable efforts to provide a room or other location, other than a toilet stall, where the employee can express breast milk in private and make reasonable efforts to provide for a refrigerator to keep breast milk that has been expressed. The law also provides that employers with more than 25 employees must provide a private location, other than a toilet stall, where an employee can express the employee's breast milk in private and if possible to provide a refrigerator for storing breast milk that has been expressed.

Ky. Rev. Stat. § 344.040 (2019) makes it unlawful for an employer to fail to make reasonable accommodations for an employee with limitations related to pregnancy, childbirth, or a related condition, including but not limited to the need to express breastmilk.

La. Rev. Stat. Ann. § 17:81 (2013) requires public school boards to adopt a policy to require each school to provide an appropriate, private room, other than a restroom, that may be used by an employee to express breast milk. The school must also provide a reasonable amount of break time to accommodate an employee needing to express breast milk for up to one year following the birth of their child.

Act No. 269 (2011) requires that certain state and public buildings provide a lactation room. 

LA SB 215 (2021) provides for the reasonable accommodations of certain employees, including for scheduled and more frequent or longer break periods and a private place other than a bathroom for the purpose of expressing breast milk.

Me. Rev. Stat. Ann. tit. 26, § 604 (2009) requires an employer to provide adequate unpaid or paid break time to express breast milk for up to 3 years following childbirth. The employer must make reasonable efforts to provide a clean place, other than a bathroom, where an employee may express breast milk in privacy. The employer may not discriminate against an employee who chooses to express breast milk in the workplace.

ME HB 487 (2019) provides that it is unlawful employment discrimination for an employer to fail to provide a reasonable accommodation for an employee’s pregnancy-related condition, including lactation, unless provision of an accommodation would impose an undue hardship on the employer.

Md. State Personnel and Pensions Code Ann. § 2-310 (2018) requires the State, through its appropriate officers and employees, to provide a reasonable break time for employees to express breast milk and, on notice, to provide a certain place that may be used by an employee to express breast milk, prohibits the State from being required to compensate an employee receiving reasonable break time for any time spent expressing breast milk at work. 

Lactation Accommodations in the Workplace (2018) requires Baltimore (MD) employers with 2 or more full time employees must provide lactation accommodations including break time and a private space for breastfeeding employees. 

The Right to Nourish Act (Bill 11-22) (2022) requires Montgomery County (MD) to provide lactation rooms or alternative accommodations for employees in County buildings and must include break time for pumping.

Mass. Gen. Laws Ann. ch. 151B § 4 (2018) provides that it is unlawful discrimination for an employer to deny reasonable accommodation for an employee’s pregnancy or any condition related to the employee’s pregnancy including, but not limited to, lactation or the need to express breast milk.

Minn. Stat. § 181.939 (1998, 2022) All employers, even those with one employee, have to give all breastfeeding employees (this applies to exempt and non-exempt employees), time to pump and a private space to do it.  An amendment in 2022 to the existing law prohibits employers from reducing an employee’s compensation for time used to express milk. The amendment also limits an employer’s obligation to provide break time to one year.

Miss. Code Ann. Ch. 1 § 71-1-55 (2006) prohibits discrimination towards breastfeeding parents who use lawful break time to express milk.

MOHB 432 (2021) mandates that public schools offer staff and students break times and private areas for expressing milk. Additionally, the Department of Elementary and Secondary Education is required to create asample lactation accommodation policy for school districts. It's noted that Missouri has limited state laws supporting breastfeeding employees outside of the public school setting.

Mont. Code Ann. § 39-2-215 et seq. (2007) specifies that employers must not discriminate against breastfeeding parents and must encourage and accommodate breastfeeding. Requires employers to provide daily unpaid break time for a parent to express breast milk for their infant child, if breaks are currently allowed, and facilities for storage of the expressed milk. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity.

Neb. Rev. Stat. § 48-1102-11 (2015) The Nebraska Fair Employment Practices Act requires that reasonable accommodation shall include break time and appropriate facilities for breastfeeding or expressing breast milk.

Nev. Rev. Stat § 608.0193 (2017) Each employer shall provide an employee who is the parent of a child under 1 year of age with: reasonable break time, with or without compensation, for the employee to express breast milk as needed; and a place, other than a bathroom, to express breast milk. Does not apply to employers of less than 50 employees if such would impose undue hardship.

Effective July 1, 2025, New Hampshire law NH HB 358 (2025) requires employers with six or more employees to provide break time and a private non-bathroom lactation space to pump at work.

The New Jersey Law Against Discrimination (LAD)(2018) makes it an unlawful employment practice to discriminate based on pregnancy or breastfeeding in compensation or financial terms of employment. The LAD requires employers to provide a reasonable accommodation to an employee the employer knows, or should know, is lactating, unless doing so would constitute an undue hardship to the employer’s business.

N.M. Stat. Ann. § 28-20-2 (2007) requires employers to provide a clean, private place, not a bathroom, for employees who are breastfeeding to pump. Also requires that the employee be given breaks to express milk, but does not require that they be paid for this time.

N.Y. Labor Law § 206-C (2007) states that employers must allow breastfeeding parents reasonable, unpaid break times to express milk and make a reasonable attempt to provide a private location for them to do so. As of June 19, 2024, Labor Law Section 206-c provides all employees with the right to paid break time to express breast milk in the workplace regardless of the size of their employer or the industry they work in. Employers are required to tell employees about their rights regarding breast milk expression by providing them the NYSDOL policy on the Rights of Employees to Express Breast Milk in the Workplace when they begin employment and annually thereafter. 

N.Y. Exec. Law § 290-301 (2025) Prohibits discrimination against breastfeeding parents.

In the city of New York, (NY) Int. 879-A (2018) requires employers with 15 or more employees to provide a dedicated lactation space (not a bathroom) for all employees. Int. 905-A (2018) requires employers to provide breastfeeding employees with a written lactation accommodation policy to ensure they know their workplace rights.

Oklahoma Senate Bill 121 (2021) requires school district boards of education to adopt a policy to allow nursing school employees to take paid breaks to maintain their milk supply.

Okla. Stat. tit. 40, § 435 (2006) requires that an employer provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for their child. The law requires the Department of Health to issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding parents and employers.

OK SB 285 (2020), state agencies will be required to give nursing parents “reasonable” paid break time each workday to privately pump breast milk.

Or. Rev. Stat. § 653.075, § 653.077 and § 653.256 (2007) allows women to have unpaid 30-minute breaks during each four-hour shift to breastfeed or pump. Allows certain exemptions for employers.

OR HB 2341 (2019) makes unlawful employment practice for employers to deny reasonable accommodation to known limitations related to pregnancy, childbirth or related medical conditions, including lactation.

OR HB 2593 (2019) conforms state law related to expression of milk in the workplace to federal law, eliminates the exemption from providing rest periods for expression of milk in the workplace if granting rest period imposes undue hardship.

The city of Philadelphia (PA) Fair Practices Ordinance (2002) requires all city employers to provide breastfeeding employees with reasonable break time, and a private and sanitary space (other than a bathroom) to pump at work. 

The City of Pittsburgh (PA) requires city buildings to provide a lactation room for guests and employees underLactation Room E.O. (2018). This applies to the construction of new buildings, and buildings under renovation. 

29 L.P.R.A. § 478a et seq. (2009) provides that breastfeeding parents have the opportunity to breastfeed their babies for half an hour within the full-time working day for a maximum duration of 12 months.

R.I. Gen. Laws § 23-13.2-1 (2003) specifies that an employer may provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for their infant child. The law requires the department of health to issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding parents and employers, and provides definitions.

S.C. Code Ann. § 1-13-80 (2018) enacts the Pregnancy Accommodations Act, relates to definitions under the human affairs laws, revises the terms because of sex or on the basis of sex used in the context of equal treatment for women affected by pregnancy, childbirth or related medical conditions, relates to unlawful employment practices of an employer and lactation, provides for certain other unlawful employment practices in regard to failure to provide reasonable accommodations for an applicant for employment or employee (HB 3865).

S.C. Code Ann. § 41-1-130 (2020) enacts the Lactation Support Act; provides that employers shall provide employees with reasonable unpaid break time daily or shall permit employees to use paid break time or meal time to express breast milk; provides that employers shall make reasonable efforts to provide certain areas where employees may express breast milk; provides that employers may not discriminate against employees for choosing to express breast milk in the workplace.

Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide daily unpaid break time for a parent to express breast milk for their infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the workplace for this activity.

Tenn. Code Ann. § 50-10-101 et seq. (2020) enacts the Pregnant Workers Fairness Act; sets forth fair employment practices and protections for pregnant workers. Employers with at least 15 employees will be required to make reasonable workplace accommodations for pregnancy, childbirth, or related medical conditions, including lactation.

Tex. Health Code Ann. § 165.003 (1995) provides for the use of a "mother-friendly" designation for businesses who have policies supporting worksite breastfeeding.

Texas Government Code§ 619.004 (2015) Public employers are required to provide breastfeeding employees with reasonable accommodations including break time and a private location other than a restroom, and cannot discriminate against breastfeeding employees.

San Antonio policy Administrative Workplace Directive (2011) applies to all breastfeeding public employees and mandates that accessible, adequate, and private facilities (other than a bathroom) be available to pump at work. The city also provides hospital grade pumps to borrow in city lactation rooms and office spaces. 

The City of Sunset Valley (TX) Mother Friendly Workplace Policy (2010), like the FLSA, requires the city to provide breastfeeding city employees with a private space (other than a bathroom) to pump. Sunset Valley’s policy defines quality standards for the lactation space: a locking door, an electrical outlet, a clean work surface, a comfortable chair, and access to a sink.

Utah HJR 4 (2012) encourages employers to recognize the benefits of breastfeeding and to provide unpaid break time and an appropriate space for employees who need to breastfeed or express their milk for their infant children.

Utah Code Ann. § 34-49-101 et. seq. (2015) requires a public employer to provide reasonable breaks for a parent who needs to express breast milk and a room or other location in close proximity to the employee’s work area that is not a bathroom, is private, and has an electrical outlet. The employer shall also provide access to a clean refrigerator or freezer for the storage of breast milk.

Utah Code Ann. § 34A-5-106 (2016) states that it is a discriminatory and prohibited practice for an employer to refuse to provide reasonable accommodations for an employee related to pregnancy, childbirth, breastfeeding or related conditions if the employee requests it and unless the employer demonstrates the accommodation would create an undue hardship. An employer also may not require an employee to terminate employment or deny employment opportunities based on the need for an employer to make reasonable accommodations.

Vt. Stat. Ann. tit. 21, § 305 (2008) requires employers to provide reasonable time throughout the day for nursing parents to express breast milk for three years after the birth of a child. Requires employers to make reasonable accommodations to provide appropriate private space that is not a bathroom stall, and prohibits discrimination against an employee who exercises or attempts to exercise the rights provided under this act.

Va. HJR 145 (2002) encourages employers to recognize the benefits of breastfeeding and to provide unpaid break time and appropriate space for employees to breastfeed or express milk.

Va. Code § 2.2-3903 (2002) states that no employer with more than five but less than 15 employees shall discharge an employee on the basis of certain factors, including pregnancy, childbirth or related medical conditions, including lactation.

Va. Code § 22.1-79.6 (2014, 2021) Employee lactation support policy. Directs each local school board to adopt a policy to set aside, in each school in the school division, a non-restroom location that is shielded from the public view to be designated as an area in which any parent who is employed by the local school board or enrolled as a student may take breaks of reasonable length during the school day to express milk to feed their child until the child reaches the age of one.

VA HB 827 (2020) relates to the Virginia Human Rights Act; prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions, including lactation; requires employers to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, including lactation, if such accommodation is necessary; sets forth prohibited actions by employers; provides for actions against employers in violation of the Act.

VA SB 868 (2020) relates to prohibited discrimination on the basis of several factors, including lactation; relates to public accommodations, employment, credit, and housing; creates explicit causes of action for unlawful discrimination in public accommodations and employment in the Human Rights Act.

Wash. Rev. Code § 43.70.640 (2001) allows any employer, governmental and private, to use the designation of "infant-friendly" on its promotional materials if the employer has an approved workplace breastfeeding policy with certain requirements, including flexible work scheduling with breaks to express breast milk and a location other than a restroom for breastfeeding.

Wash. Rev. Code 43.10.005 (2019) revises provisions related to the expression of breast milk in the workplace, expands the definition of reasonable accommodation to provide reasonable break times for an employee to express breast milk for a certain number of years after a child’s birth and to provide a private location, other than a bathroom, for such purpose.

Dane County (WI) passed Resolution Providing Lactation Rooms (2014) requiring every county-owned building to provide a space (other than a bathroom) for pumping.

National Conference of State Legislatures. “Breastfeeding State Laws.”
https://www.ncsl.org/health/breastfeeding-state-laws 26 Aug. 2021. Web. 15 April, 2025
U.S. Department of Labor. "Employment Protections for Workers Who Are Pregnant or Nursing." https://www.dol.gov/agencies/wb/pregnant-nursing-employment-protections. 2023. Web. 15 April, 2025