Knowing Your Legal Rights As A Breastfeeding Mom In Public And At Work

Written by Wendy, IBCLC.

Updated February 2025

Once you’ve gotten past the newborn stage and started to get the hang of breastfeeding, some new concerns often come up. For example, you might have questions about breastfeeding while out and about. Are you legally allowed to breastfeed in public? You may also want to know more about what will happen if you return to work, including what your rights are in terms of pumping while on the job.

Thankfully, there are some legal protections for both breastfeeding in public and pumping and breastfeeding on the job. Here’s what to know about these legal protections, as well as what to do if your legal rights are violated.

RIGHTS TO BREASTFEED IN PUBLIC IN ALL STATES

Let’s start with some good news. While breastfeeding in public is not regulated by the federal government, breastfeeding in public is legal in all 50 states as well as the District of Columbia, the Virgin Islands, and Puerto Rico. This includes both public and private locations. That means you are legally allowed to breastfeed at a restaurant, a diner, a grocery store, or in a playground.

While breastfeeding in public is legal in all 50 states, each state’s laws are a bit different. So, it’s a good idea to look up your specific state’s law. You can use this tool to check breastfeeding in public laws specific to your state. Some moms like to print out their state’s law and carry it with them when they are in public so that they can show the law to anyone who has a problem with them nursing in public. Bookmarking the law on your phone works well too!

PUMPING RIGHTS AT WORK

Here’s more happy news. There are several federal laws that protect breastfeeding and pumping moms in the workplace. These laws protect most working mothers.

These are the two main laws that do this:

Break Time for Nursing Mothers, 2010
The PUMP (Provide Urgent Maternal Protections) Act, effective April of 2023

Here’s what to know about these laws:

They require that employers offer a private space lactation space (not a bathroom) for moms to pump in
They guarantee reasonable break time to pump
Before the PUMP Act was enacted, only certain salaried and hourly employees were covered; now, coverage includes nurses, teachers, farm workers, and others
These laws cover breastfeeding and pumping moms with babies under the age of one

Because these laws can be complex at times, it’s best to contact your Human Resources Department for information about how these laws apply to your place of work. If coverage is limited in any way, there may be state laws in place that offer additional protections for you. Most workplaces will offer these benefits regardless of whether they are specifically covered under these laws.

BREASTFEEDING/PUMPING BREAKS WHEN WORKING FROM HOME

In response to the large number of people working from home since the pandemic, the federal government added some protections for breastfeeding moms working from home. The Department of Labor issued Field Assistance Bulletin (FAB) No. 2023-1, Telework Under the Fair Labor Standards Act and Family and Medical Leave Act in February of 2023.

Here’s what to know about this bulletin:

Employers are required to give reasonable break time to breastfeeding employees to pump milk for the first year of their child’s life
These protections apply to breastfeeding moms who work from home or at other locations that aren’t the business or establishment’s office
If working outside the office or on location, there must be an area that is not a bathroom available for pumping
Employees working from home should also have breaks built into their day (20 minutes or less), which means that you have the right to take a break to pump or nurse your baby
Employees should be able to have privacy while pumping, including when on a video call

WHERE TO GO FROM HERE

While these laws are super helpful for breastfeeding parents, it doesn’t mean that these laws are always honored. Even in 2025, it’s common for a mom to be called out unfairly for nursing in public or to not be given adequate protections in the workplace.

Here are some tips for dealing with any issues that may come up when breastfeeding in public:

If you are told to stop breastfeeding in public, site your state’s law
Share your experiences on social media if you feel comfortable; getting the word out about a negative experience at a particular establishment is a powerful way to protest
File a formal complaint with the manager of the establishment or with the establishment’s customer service center
Contact your state representatives or the ACLU if you were harassed or told repeatedly to stop nursing in a public place

Here are some tips for managing workplace pumping issues:

Start an open conversation with your employer about your needs—during pregnancy, if possible
Connect with your Humans Resources Department for information and tips
Talk to co-workers who are pumping at work or who have done so in the past
If you are having major issues, contact your state representatives or file a complaint with the U.S. Department of Labor

Finally—and most importantly—having peer support is incredibly vital in these situations. Consider joining an online or in-person breastfeeding support group. Connecting with other breastfeeding moms and learning about their experiences in these situations can empower you with good information and can make you feel less alone.