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Breastfeeding Laws

There are federal and local laws that protect mothers who want to breastfeed. View the information below for more details.

For Employers Color

Federal Law

Section 7(r) of the Fair Labor Standards Act (FLSA)

Reasonable Break Time

Reasonable Break Time

An employer shall provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.

Place to Express Milk

A Place to Express Milk

A place, other than a bathroom, to express milk that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

*certain exemptions may apply. Please read the full Federal Law to understand what those exemptions may be and how they may apply to your business.

For Employers Color

State Law

North Dakota SB 2344

Place to Express Milk

Right to Breastfeed in Any Location, Public or Private

Mothers have the right to breastfeed in any location where the woman and child are otherwise authorized to be.


Businesses can be Designated as Infant Friendly

Designated businesses adopt breastfeeding support policies, have a lactation expression area and have submitted an application through the North Dakota State Department of Health to become an Infant Friendly Business.

Support Policies

Breastfeeding Support Policies

Policies should allow flexible break times for the expression of milk, a clean and private space (not a toilet stall) for pumping/nursing, access to water for hand washing and a place to temporarily store breast milk.