Doctors and public health professionals encourage exclusive breastfeeding for the first 6 months of an infant's life. However, for many mothers, breastfeeding outside of the home can present challenges. Fortunately, federal and state laws provide protection for breastfeeding mothers in an effort to promote this healthful activity.
At Work
The Patient Protection and Affordable Care Act, enacted in March 2010, requires employers to provide reasonable break times for nursing mothers to express breast milk for up to one year after the birth of a child. Employers are not required to compensate women for the time they use to express milk during working hours. Employers must also provide a place other than a restroom for nursing mothers to express milk.
Federal Law
In 2000, Congress enacted legislation permitting breastfeeding on all federal property. Federal property includes federal office buildings, the District of Columbia, national museums and national parks.
Specific State Breastfeeding Laws
Forty-four states have enacted specific laws allowing women to breastfeed in public and private locations. These laws ensure that a breastfeeding mother can feed her baby at any place whenever necessary.
State Indecency Laws
Historically, women who breastfed their babies in public were subject to penalty under public indecency laws. While some states do not specifically allow breastfeeding in public, they exempt breastfeeding from criminal indecency or obscenity laws. Currently 28 states have enacted legislation exempting breastfeeding mothers from public indecency laws. Some of these laws, or the legislative history for the laws, encourage, but do not require, nursing mothers to nurse discretely under a blanket or other coverup.
Jury Duty
Twelve states excuse breastfeeding women from jury duty. If a nursing mother is called to jury duty in these states, she may report to the court that she is breastfeeding and will be excused from jury duty with no negative consequences.
A Place to Breastfeed
A small number of states have enacted legislation requiring public places, like shopping malls, to provide a place for mothers to nurse their babies or express milk.
Child Care
Two states, Louisiana and Mississippi, have laws specifically relating to child care and breastfed babies. In these states, child care facilities cannot discriminate or refuse to accept breastfed babies. In Mississippi, child care facilities must provide storage for human milk and staff training on the proper handling of human milk.
Discrimination Laws
A woman who is harassed or forced to stop breastfeeding in a public place that is protected by state or federal law may be able to bring a lawsuit under sex discrimination laws.
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