Alabama has no additional state-level workplace lactation laws to the FLSA.

Alaska has no additional state-level workplace lactation laws to the FLSA.

Arizona has no additional state-level workplace lactation laws to the FLSA.

Arkansas lactation space laws match FLSA protections. Arkansas also passed the Pregnant and Parenting Students Act (Act 128) to support pregnant and parenting students, which excuses absences for perinatal medical appointments, options to make up missed work, and requires schools to make “reasonable accommodations” for lactating students. Lactation spaces must be private, secure (other than a bathroom), and include a power source for breast pumps.

California exceeds most states in additional breastfeeding support and was the first state to mandate lactation spaces and break time to pump in the workplace, modeled after San Francisco’s Lactation in the Workplace Ordinance. The law also includes specific requirements for lactation spaces, including:

• spaces must be in close proximity to where breastfeeding employees work,
• provide a place to sit,
• a surface for a pump,
• electrical outlets, and
• must be located near running water and a refrigerator.

California’s public space laws require:

• airports to provide lactation spaces,
• courthouses to provide any court user access to a lactation space in any courthouse where a lactation space is provided to court employees,
• county jails to implement a breastfeeding policy for lactating inmates, and
• hospitals with general acute care and perinatal units to have an infant-feeding policy that provides breastfeeding information.
• student services including California Community Colleges and the California State University system to provide a private lactation room for breastfeeding students.

Employers with fewer than 50 employees may request an exemption, but must prove hardship. (SB-142, Ch. 720)

Colorado lactation space laws add to FLSA protections by extending the lactation space time requirement by one year. Colorado requires all public and private employers to provide break time and a private space to pump for all breastfeeding employees for up to two years after a child’s birth.

Connecticut lactation space laws add to FLSA protections by applying FLSA law to any employer with more than one employee. Additionally, the lactation space must have an electrical outlet and be near a refrigerator.

Delaware has no additional state-level workplace lactation laws to the FLSA.

Florida has no additional state-level workplace lactation laws to the FLSA, but Florida does require each county courthouse to provide at least one lactation space for members of the public (other than a bathroom).

Georgia has no additional state-level workplace lactation laws to the FLSA.

Hawaii has no additional state-level workplace lactation laws to the FLSA.

Idaho has no additional state-level workplace lactation laws to the FLSA.

Illinois lactation space laws add to FLSA protections by applying FLSA laws to employees with five or more employees, and including mandates for public spaces:

• Airports with more than a million enplanements a year must provide lactation accommodations beyond security in every terminal.
  • all Chicago airports must have a lactation space (other than a restroom) beyond security in every terminal.
• Courthouses must provide a private lactation space (other than a bathroom) with a chair, a power outlet, and, when possible, a sink.
• Schools (public and charter) must support breastfeeding students by providing time and a private pace to pump.

Indiana lactation space laws add to FLSA protections by applying FLSA laws to employees with 25 or more employees.

Iowa has no additional state-level workplace lactation laws to the FLSA.

Kansas has no additional state-level workplace lactation laws to the FLSA.

Kentucky lactation space laws add to FLSA protections by applying FLSA laws to employees with eight or more employees and to employees with medical conditions related to pregnancy (including breastfeeding).

Louisiana has no additional state-level workplace lactation laws to the FLSA, but Louisiana does require public schools to provide lactation spaces for students.

Maine lactation space laws add to FLSA protections by extending the lactation space time requirement by two years. Maine requires employers to provide break time and a private space to pump for all breastfeeding employees for up to three years after a child’s birth.

Maryland has no additional state-level workplace lactation laws to the FLSA.

Massachusetts lactation space laws add to FLSA protections by applying FLSA laws to employers with six or more employees to provide all breastfeeding employees with reasonable break time and a space (other than a bathroom) to pump. In addition, the law stipulates that the lactation space must include electrical outlets, a table, and a place to sit.

Michigan has no additional state-level workplace lactation laws to the FLSA.

Minnesota lactation space laws add to FLSA protections by applying FLSA law to employers with more than one employee, prohibits employers from reducing an employee’s compensation for time used to express milk, and limits an employer’s obligation to provide break time to one year.

In May of 2023, Minnesota passed a bill that removes limits on reasonable paid breaks for expressing milk in the first twelve months following birth.

Mississippi lactation space laws add to FLSA protections requiring employers to provide break time for breastfeeding employees, and cannot prohibit employees from using their breaks to express milk.

Missouri lactation space laws add to FLSA protections by requiring public schools to provide staff and students with break time and a private space to pump.

Montana lactation space laws add to FLSA protections by applying FLSA law to all state and county governments, municipalities, school districts and the university system.

Nebraska lactation space laws add to FLSA protections by applying FLSA law to employers with 15 or more employees, and to schools.

Nevada lactation space laws add to FLSA protections by requiring employers to support all breastfeeding employees by providing reasonable break time and a space (other than a bathroom) to pump at work for one year following their child’s birth.

New Hampshire lactation space laws add to FLSA protections by applying FLSA laws to employers with six or more employees, but unlike the federal PUMP Act, New Hampshire defines reasonable break time as “an unpaid break of approximately 30 minutes for every 3 hours of work performed by a nursing employee for the purpose of expressing milk.” Breastfeeding employees must notify their employers at least two weeks in advance that they will need lactation accommodations at work.

New Jersey lactation space laws match FLSA protections, included breastfeeding laws into their state’s civil rights, and extended lactation accommodation protections to employees who are surrogates or who’ve experienced a pregnancy loss.

New Mexico lactation space laws match FLSA protections requiring employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work.

New York lactation space laws add to FLSA protections by extending the lactation space time requirement by two years. New York requires employers to provide break time and a private space to pump for all breastfeeding employees for up to three years after a child’s birth, and requires lactation spaces to be in close proximity to where employees work, be well lit, provide electrical outlets and a working surface, and have access to running water nearby. In cases of discrepancy between state and local laws, employers are required to follow the law that provides greater protections.

In New York correctional facilities, a breastfeeding mother who is committed to a correctional facility may be accompanied by her child at the time she is nursing. A child born to a committed mother may stay with the mother in the correctional facility for up to one year.

North Carolina has no additional state-level workplace lactation laws to the FLSA.

North Dakota has no additional state-level workplace lactation laws to the FLSA.

Ohio has no additional state-level workplace lactation laws to the FLSA.

Oklahoma lactation space laws match FLSA protections requiring employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work.

Oregon lactation space laws match FLSA protections and clarifies that employers must provide a “reasonable rest period” every time the employee needs to pump. Employers with 10 employees or less may request an exemption if they can prove “undue hardship.”

Pennsylvania has no additional state-level workplace lactation laws to the FLSA.

Rhode Island lactation space laws match FLSA protections requiring employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work.

South Carolina lactation space laws add to FLSA protections by requiring employers with 15 or more employees must provide “reasonable accommodations” to employees with “medical needs arising from pregnancy, childbirth, or related medical conditions.”

South Dakota has no additional state-level workplace lactation laws to the FLSA.

Tennessee lactation space laws add to FLSA protections by applying FLSA law to employers with one or more employees.

Additionally, mothers and mother-to-be have additional protections under the Tennessee Pregnant Workers Fairness Act requiring employers with at least 15 employees to make reasonable workplace accommodations for pregnancy, childbirth, or related medical conditions.

Texas lactation space laws match FLSA protections requiring employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work. The Texas Department of Health provides recommendations that support workplace breastfeeding rights. Also, Texas maintains a record of “mother-friendly” (lactation spaces, lactation policy, and flexibility for new mothers).

Sunset Valley requires the city to provide city employees with a private space to pump with a locking door, an power outlet, a clean work surface, a comfortable chair, and access to a sink nearby.

San Antonio‘s breastfeeding policy applies to all part-time and full-time public employees.

Utah lactation space laws match FLSA protections requiring employers to support all breastfeeding employees by providing break time and a space (other than a bathroom) to pump at work.

Vermont lactation space laws add to FLSA protections by increasing the lactation space time requirement by one year. Vermont requires employers to support all breastfeeding employees by providing reasonable break time and a space (other than a bathroom) to pump at work for two years following their child’s birth.

Virginia lactation space laws add to FLSA protections by not allowing employers with five or more employees to discriminate on the “basis of pregnancy, childbirth or related medical conditions, including lactation.” In other words, employers cannot refuse “reasonable accommodations” of break time and a lactation space for breastfeeding employees.

Virginia breastfeeding law also protects teachers and students by requiring all school boards to provide “breaks of reasonable length” and a private space to pump at school for up to one year.

Washington lactation space laws add to FLSA protections by requiring employers with 15 or more employees to provide a private lactation space for pumping employees, and extend these protections to two years.

West Virginia has no additional state-level workplace lactation laws to the FLSA.

Wisconsin has no additional state-level workplace lactation laws to the FLSA.

Wyoming has no additional state-level workplace lactation laws to the FLSA.