50-State Surveys › Lactation Break and Space Requirements by State
Lactation Break and Space Requirements by State
Must an employer provide break time and a private space to express milk, must the time be paid, and what request, equipment, policy, or remedy rules apply?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-21
What this survey covers
Workplace pumping law is not just a room requirement. The practical answer can turn on how often breaks must be allowed, how long the right lasts after birth, whether nonconcurrent time is paid, whether the employee continues working, what the room must contain, how a request is made, and what happens if the employer says no.
This survey separates those questions. Each state row identifies the state-law rule for ordinary private employment and explains how it adds to the federal floor. Public-employee-only and other narrow laws are labeled as boundaries rather than presented as the statewide private-sector answer.
The federal floor applies nationwide
The Fair Labor Standards Act generally requires covered employers to provide reasonable break time each time an employee needs to express milk for one year after birth. The space must be functional, available when needed, shielded from view, free from intrusion, and not a bathroom. Nearly all FLSA-covered employees now receive the protection; airline crewmembers remain exempt, and narrow hardship rules can apply to employers with fewer than 50 employees and certain rail and motorcoach work. [Current U.S. Department of Labor Fact Sheet
73](https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers).
Federal law does not make every additional pumping break automatically unpaid. An employee must be completely relieved from duty or paid for the time. An employee who uses an employer's ordinary paid break must receive the same pay as others using that break, and time spent working while pumping counts as paid work time. The FLSA also preserves state and local laws that give employees greater protection.
Why the state columns stay separate
California requires reasonable time each time needed but permits unpaid time that does not run concurrently with an applicable paid rest period. Its room law separately requires a safe and clean non-bathroom location, a seat, pump surface, power access, nearby running water, and refrigeration or another cooling device. Employers also need a written policy and a written response when compliant time or space cannot be provided. Official California Labor Code §§ 1030-1034.
Minnesota takes a different pay approach. Its one-employee threshold reaches private employers and state and local government, and the statute says an employer may not reduce compensation for time used to express milk. It requires reasonable daily breaks and reasonable efforts toward a clean, private, secure, nearby non-bathroom location with electrical access. Official Minn. Stat. § 181.939.
New York uses a fixed paid block and a longer window: 30 minutes of paid time each time reasonably needed for up to three years after birth, with existing paid break or meal time available for time beyond 30 minutes. Its statute also requires a chair, working surface, nearby clean running water, electrical access where available, refrigeration access where the workplace has it, annual and event-based policy delivery, and a response within five business days. Official N.Y. Labor Law § 206-c.
Texas shows why coverage needs its own column. State Government Code chapter 619 gives state and local public employees break, space, policy, and adverse- action protections without a post-birth time limit, while the state's current work-and-family page identifies the federal PUMP Act for ordinary private employment. A public-only statute should not be presented as a general private- employer mandate. Official Texas Government Code chapter 619 and current Texas Workforce Commission guidance.
The finished table also confirms several distinct state models. Vermont imposes a direct three-year time-and-private-space rule, but lets the employer choose paid or unpaid time absent a collective-bargaining change and uses a substantial-disruption exception. Official 21 V.S.A. § 305. The District of Columbia layers a direct daily-break and sanitary nearby-space rule with a separate breastfeeding-accommodation chapter, interactive process, and multilingual notices. Official D.C. Code § 2-1402.82 and chapter 32-1231. Wyoming illustrates the no-add-on group: its current labor title prohibits pregnancy discrimination but contains no state pumping-time or room standard, so the federal floor does the operative work. Official Wyoming Statutes Title 27.
How to read the table
Start with coverage and the duration window. A state may cover every employer, continue beyond the federal one-year period, or impose duties only in a narrow public or industry setting. Then read pay separately from frequency: the right to take a needed break and the right to be paid for all of it are different questions.
Next compare the privacy and equipment columns. “Private space” may or may not answer proximity, temporary-room use, seating, a pump surface, electricity, water, refrigeration, or priority over other room uses. Finally, check the request, notice, and remedies columns before adopting or denying a workplace process. A room can satisfy the physical standard while the employer still violates a written-policy, response, interference, or retaliation rule.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
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| State | State law and federal interaction | Covered employers and employees | Break frequency and duration window | Paid status and work during break | Space location and privacy | Equipment, water, cooling, and access | Request, notice, policy, and response | Job protection, enforcement, and remedies |
|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-22 | No general Alabama workplace pumping add-on; the Alabama Department of Workforce directs break time for nursing mothers to the federal Wage and Hour Division. Federal 29 U.S.C. § 218d supplies the ordinary time-and-space floor |
No Alabama pumping-specific employer threshold, employee category, industry rule, or hardship test. Federal FLSA coverage controls, including its separate fewer-than-50 undue-hardship and transportation provisions |
No Alabama-created pumping frequency, minutes, concurrency rule, or post-birth window. Federal floor is reasonable time each time needed for 1 year after birth (§ 218d(a)) |
No Alabama pumping-specific pay rule. Federal time may be unpaid unless another law applies, but the whole break is hours worked if duties continue (§ 218d(b)) |
No Alabama pumping-specific room, proximity, temporary/shared-space, priority, lock, sign, camera, privacy, shielding, or intrusion rule. Federal law independently requires a shielded, intrusion-free place outside the entire bathroom |
No Alabama pumping-specific chair, surface, outlet, sink, water, refrigerator, cooling, cleanliness, hazard, or availability checklist; federal functional and available-space requirements remain separate |
No Alabama pumping-specific oral/written request, advance notice, response deadline, written denial, interactive process, handbook, policy, poster, new-hire/annual notice, or recordkeeping duty |
No Alabama pumping-specific interference or retaliation ban, state-agency complaint, private action, damages, penalty, attorney-fee rule, or cure process. Federal enforcement and remedies remain separate |
| Alaska verified 2026-07-22 | No general Alaska private-sector pumping statute in the current AS 23.10 wage-and-hour scheme. AS 01.10.060(b) and AS 29.25.080 protect direct breastfeeding in authorized locations but do not prescribe expressing-milk time or space; federal § 218d supplies the workplace floor |
No Alaska pumping-specific private-employer threshold, employee class, industry rule, or state hardship exemption. Federal FLSA coverage applies independently, including its fewer-than-50 undue-hardship provision |
No Alaska state pumping-break entitlement, fixed frequency, minutes, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No Alaska lactation-specific paid/unpaid or compensation-reduction rule. Federal law generally permits unpaid fully relieved pumping time but counts the entire period as hours worked when duties continue (§ 218d(b)) |
No Alaska workplace lactation-room mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires private non-bathroom space |
No Alaska pumping-specific chair, surface, outlet, water, sink, refrigerator, cooler, cleanliness, hazard, or availability checklist. Federal law requires a place that may be used to express milk |
No Alaska lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No Alaska pumping-specific interference, retaliation, agency complaint, civil action, damages, penalty, fee, or state cure rule. Federal enforcement and remedies are separate; § 218d(g) can require 10 days' employer notice before a space-only action |
| Arizona verified 2026-07-21 | No general Arizona private-workplace lactation-break or pumping-space add-on; 29 U.S.C. § 218d supplies the ordinary floor. A.R.S. §§ 41-1443 and 41-1463 are public-breastfeeding and pregnancy equal-treatment boundaries, not pumping mandates |
Federal FLSA-covered employment; employers with fewer than 50 have only the federal proof-based undue-hardship defense. Arizona's separate employment civil-rights rule generally defines employer at 15+ employees but creates no state pumping-break/space floor |
No Arizona add-on; federal reasonable time each time needed for 1 year after birth |
No Arizona pumping-specific pay or concurrency rule. Federal time may be unpaid unless another law applies, but the whole break is hours worked if duties continue |
No Arizona workplace add-on; federal place must be other than a bathroom, shielded from view, and free from coworker/public intrusion. Public breastfeeding right does not substitute for a pumping room |
No Arizona private-employer chair, surface, outlet, sink, water, refrigeration, cooling, cleanliness, proximity, or access requirement; federal place must be usable for milk expression |
No Arizona pumping-specific request method, response deadline, written denial, handbook, policy, new-hire, annual, or poster duty |
No Arizona pump-specific state complaint or remedy. Federal enforcement and remedies apply; Arizona's general sex/pregnancy discrimination rule may separately apply to unequal treatment but does not prescribe pumping time or space |
| Arkansas verified 2026-07-22 | Ark. Code § 11-5-116 requires daily pumping time and reasonable space efforts, with no state post-birth cutoff. Federal 29 U.S.C. § 218d independently requires time each time needed for 1 year and a functional non-bathroom space |
§ 11-5-116 states no headcount, industry, occupation, hours, or tenure threshold. Undue hardship can excuse the break-time duty; the reasonable-effort space duty is separately stated. Federal coverage, fewer-than-50 hardship, and transportation provisions remain separate |
Reasonable unpaid break time each day to maintain milk supply and comfort; concurrent with existing paid/unpaid breaks when possible. No fixed state minutes, number of sessions, child-age phrase, or post-birth cutoff; federal floor separately says each time needed for 1 year |
Additional Arkansas time is described as unpaid, but current state health guidance says an existing paid break remains paid when used to pump. Federal law also requires pay when duties continue |
Reasonable effort toward a private, secure, sanitary room/location close to work, other than a toilet stall; normal workspace may qualify. State text does not exclude every bathroom or specify shielding from coworkers/public; federal law separately bars any bathroom and requires view/intrusion protection |
No Arkansas pumping-specific chair, surface, outlet, sink, running-water, refrigerator, cooler, cleaning-supply, hazard, priority, or availability checklist beyond private/secure/sanitary space |
Employee must make reasonable efforts to minimize operational disruption. No state request form, advance-notice period, interactive-process steps, written response/denial, policy, handbook, posting, recordkeeping, or fixed response deadline in § 11-5-116 |
§ 11-5-116 states no lactation-specific interference or retaliation ban, agency complaint procedure, private action, damages, civil penalty, attorney-fee award, or cure period. Federal enforcement and remedies remain separate |
| California verified 2026-07-21 | Cal. Lab. Code §§ 1030-1034 add time, room, equipment, policy, and remedy duties to the federal FLSA floor in 29 U.S.C. § 218d; stronger state protection is preserved |
Every employer, including state/local government (§ 1030). Break-time exception for serious operational disruption (§ 1032); fewer-than-50 space undue-hardship rule (§ 1031(i)) |
Reasonable time each time the employee needs to express milk for an infant child (§ 1030); no fixed California month/year cutoff, while federal law supplies a 1-year floor (§ 218d(a)) |
Concurrent with an existing break if possible; nonconcurrent time outside applicable IWC rest time may be unpaid (§ 1030). Federal law counts time as worked if duties continue (§ 218d(b)) |
Private room/location; not a bathroom; close to work, shielded, intrusion-free. Normal work area, temporary space, or qualifying shared space may work; lactation has priority (§ 1031) |
Safe, clean, hazard-free; pump/personal-item surface, seat, power access, nearby running water, and refrigerator or suitable cooling device (§ 1031(c), (d)) |
Written policy in handbook/policies; distribute at hire and upon parental-leave inquiry/request; written response if compliant time or location cannot be provided (§ 1034). No fixed response deadline stated |
No discharge, discrimination, or retaliation; Labor Commissioner routes; denial treated as § 226.7 noncompliance; $100 per denied employee per day civil penalty (§ 1033) |
| Colorado verified 2026-07-21 | Colorado Workplace Accommodations for Nursing Mothers Act, C.R.S. §§ 8-13.5-101 to -104: daily time for 2 years plus reasonable close private-space efforts. Federal § 218d independently requires each-time-needed breaks for 1 year and a shielded, intrusion-free place outside the entire bathroom |
All public and private employers with 1+ employee, including Colorado and political subdivisions. No headcount exemption from the time duty; 'reasonable efforts' space standard excludes actions imposing significant difficulty/expense, considering size, resources, structure, and public-safety circumstances |
Reasonable unpaid time or use of paid break/meal time each day, up to 2 years after birth; no fixed state minutes or each-time-needed wording. Federal floor separately requires reasonable time each time needed for 1 year |
Colorado permits reasonable additional time to be unpaid or use of paid break/meal time; paid breaks remain paid. CDLE states unpaid treatment requires complete relief from duty and salaried pay may not be reduced. Federal § 218d has the same on-duty hours-worked rule |
Reasonable efforts toward a private room/other location close to the work area, other than a toilet stall; reasonable effort is deemed compliance. No express state shielding, coworker/public intrusion, temporary/shared-space, priority, lock/sign, or camera formula. Federal law independently excludes the whole bathroom and requires shielding/intrusion protection |
No Colorado statutory chair, surface, outlet, sink, water, refrigerator, cooling, cleanliness, hazard, or availability checklist; federal functional/available-space requirements and guidance remain separate |
No prescribed oral/written request, advance notice, response deadline, written denial, interactive process, handbook, policy, poster, new-hire/annual notice, or recordkeeping duty in part 1; CDLE provides information but does not enforce the Act |
Employee may litigate only after nonbinding employer-employee mediation; CDLE does not accept Act claims or administer mediation. Section 8-13.5-104 states no forum, limitations period, damages, penalty, fee award, cure process, or separate operative retaliation standard. Federal enforcement/remedies remain separate |
| Connecticut verified 2026-07-22 | Current Conn. Gen. Stat. § 31-40w protects pumping/breastfeeding during an existing meal or break and requires reasonable space efforts; § 46a-60 adds a lactation accommodation route. PA 26-12 requires reasonable additional breaks starting Oct. 1, 2026. Federal § 218d separately supplies each-time-needed breaks for 1 year |
§ 31-40w reaches private/public employers with 1+ employee and any person serving the employer; its room duty is limited by reasonable efforts/undue hardship. The § 46a-60 accommodation route also uses a 1+ threshold, but CFEPA excludes a person employed by a parent, spouse, or child; federal coverage/exceptions remain separate |
Through Sept. 30, 2026: pumping/breastfeeding during an existing meal or break, with no fixed frequency, minutes, or state post-birth cutoff; reasonable accommodation can include more frequent/longer breaks unless undue hardship. Starting Oct. 1, 2026: reasonable break times in addition to scheduled breaks, still with no fixed state cutoff |
Neither § 31-40w nor § 46a-60 labels all lactation time paid or unpaid; current § 31-40w uses the employee's existing meal/break period, and PA 26-12 adds no pay clause for future additional breaks. Federal law requires pay when duties continue and preserves any pay required by another law or policy |
Reasonable efforts toward a private room/location close to the work area, not a toilet stall; absent undue hardship it must be free from intrusion and shielded from the public (§ 31-40w). CT's accommodation poster describes appropriate facilities as not a bathroom; federal law independently excludes any bathroom and covers coworker/public intrusion |
Absent undue hardship, the location must include or be near a refrigerator or employee-provided portable cold-storage device and include outlet access. No Connecticut lactation-specific chair, pump surface, sink, running-water, cleaning, hazard, or room-priority checklist |
No lactation-specific request form, response deadline, written denial, policy, or handbook rule. Employers must give written pregnancy/accommodation-rights notice at hire and within 10 days after pregnancy notification; a conspicuous English-and-Spanish poster may satisfy the duty (§ 46a-60(d)) |
§ 31-40w bars discrimination, discipline, and adverse action for exercising the current break right; § 46a-60 bars accommodation denial and retaliation. CHRO complaint deadline is generally 300 days; orders may include make-whole relief, damages, fees, and costs, with a civil action after release. CT DOL also accepts breastfeeding/expressing-milk complaints; federal remedies are separate |
| Delaware verified 2026-07-22 | 19 Del. C. §§ 710-711 require reasonable accommodation of known lactation-related limitations, including break time and appropriate facilities, subject to undue hardship. Federal § 218d independently adds each-time-needed frequency, a 1-year window, and private non-bathroom space |
Persons employing 4+ employees in Delaware, including the State and political subdivisions (§ 710(7)); employee exclusions include agriculture, domestic/residential service, employment by parent/spouse/child, and listed elected-office roles (§ 710(6)) |
Reasonable accommodation may include more frequent or longer breaks, periodic rest, and break time to express milk (§ 710(23)). No fixed minutes, interval, frequency, or post-birth cutoff; federal law separately requires each-time-needed time for 1 year |
State accommodation law is silent on pay and concurrency. Federal time may be unpaid unless another source requires pay, but the whole period is hours worked when duties continue (§ 218d(b)) |
State law lists 'appropriate facilities for expressing breast milk' but does not define privacy, exclude bathrooms, require proximity, or address temporary/shared space or priority (§ 710(23)). Federal law separately requires private non-bathroom space |
Acquisition of equipment for sitting is a listed possible accommodation (§ 710(23)); no automatic surface, power, water, refrigeration, cleanliness, hazard, availability, or equipment checklist |
Duty applies to known pregnancy-related limitations; no required request form or response deadline. Pregnancy-accommodation notice must be posted and given to new hires, and within 10 days after an employee reports pregnancy (§ 716) |
No adverse action for requesting/using accommodation and no retaliation (§ 711). File verified DOL charge within 300 days; after right-to-sue notice, sue within 90 days. Court remedies include reinstatement, back/front pay, compensatory/punitive damages subject to caps, fees/costs, and equitable relief (§§ 712, 714-715) |
| District of Columbia verified 2026-07-22 | D.C. Code § 2-1402.82 and 4 DCMR § 518 require pumping breaks, space, policy, and related accommodations; §§ 32-1231.01-.14 separately protect known breastfeeding limitations. Federal § 218d adds its own each-time-needed, 1-year floor and does not preempt greater District protection |
No numeric threshold. The DCHRA covers any person employing an individual for compensation and includes unpaid interns and individuals working or seeking work as independent contractors; household employment by a parent, spouse, or child is excluded (§ 2-1401.02(9)-(10)). Both state schemes allow undue-hardship defenses |
Reasonable daily breaks must be provided as required by the employee to maintain milk supply and comfort, unless undue hardship; existing breaks must run concurrently (§ 2-1402.82(d)(1)). No fixed minutes or post-birth cutoff. Federal law separately requires time each time needed for 1 year |
District law labels the required additional time unpaid; when an existing paid or unpaid break exists, pumping time runs concurrently with it (§ 2-1402.82(d)(1)). Federal law separately makes the entire period hours worked when duties continue (§ 218d(b)) |
Reasonable efforts toward a sanitary room or location close to the work area, other than a bathroom or toilet stall, with privacy and security; a nearby childcare facility may qualify (§ 2-1402.82(d)(2)). The accommodation chapter also lists private non-bathroom space |
For an on-site room, 4 DCMR § 518 requires adequate lighting, ventilation, and an outlet if needed for the pump. Subject to undue hardship, the employee must be allowed a small refrigerator/freezer; seating/equipment and schedule, job-sharing, telework, or other accommodations may also be required |
Breaks are provided as required by the employee; a timely good-faith interactive process applies when accommodation is requested or otherwise needed. Employers need a conspicuously posted breastfeeding policy and poster, English/Spanish PPWFA posting, new-hire written notice, 10-day notice after disclosure, and accurate translations (§§ 32-1231.02, .04) |
Denial is discriminatory; refusal to accommodate, adverse action, opportunity denial, forced unnecessary accommodation, and forced leave are barred. PPWFA OHR or civil action is due within 1 year; relief includes back pay, reinstatement/injunction, fees/costs, up to $500/day/employee, graduated willful penalties, and posting penalties (§§ 32-1231.03, .06-.11) |
| Florida verified 2026-07-21 | No general Florida private-workplace pumping statute; 29 U.S.C. § 218d supplies the federal floor. Fla. Stat. § 383.015 protects breastfeeding by location, not an employer break/room process |
No Florida add-on; federal FLSA coverage and exceptions control. Courthouse space in § 29.24 is for members of the public, not a general employee mandate |
No Florida add-on; federal reasonable break time each time needed for 1 year after birth (§ 218d(a)) |
No Florida pumping-pay rule; federal time may be unpaid unless other law applies, but is hours worked if the employee is not completely relieved (§ 218d(b)) |
No Florida workplace add-on; federal space must be non-bathroom, shielded, and intrusion-free (§ 218d(a)). Section 383.015's authorized-location right concerns breastfeeding, not a pumping room |
No statewide employer seat, surface, power, water, cooling, cleanliness, or proximity mandate; § 29.24's hygienic courthouse room and outlet rule is public-facing and out of general workplace scope |
No Florida lactation request, response deadline, written-policy, handbook, posting, or distribution rule for ordinary private employment |
No Florida pump-specific interference, retaliation, penalty, or private-action provision; federal enforcement applies, including § 218d(g)'s space-claim notice rule |
| Georgia verified 2026-07-21 | O.C.G.A. § 34-1-6 requires paid reasonable-duration expression breaks and private non-restroom worksite space; federal 29 U.S.C. § 218d supplies a 1-year nationwide floor and preserves stronger state protection |
Private employer with 1+ employees; State/political subdivisions excluded from § 34-1-6 but covered by parallel § 45-1-7. Fewer-than-50 employer may prove a requirement causes statutory undue hardship |
Break time of reasonable duration for an employee who desires to express milk at the worksite during work hours; no fixed frequency, minutes, or Georgia post-birth cutoff (§ 34-1-6(b)(1)) |
Paid at regular rate; salaried employee cannot be forced to use paid leave or lose salary. No state paid-break duty on a day worked away from every employer worksite (§ 34-1-6(b)(2)-(3)) |
Private location at the worksite, other than a restroom, where the employee can express milk in privacy (§ 34-1-6(b)(4)); no private-sector statutory proximity requirement |
No Georgia private-employer chair, surface, power, water, sink, cooling, cleanliness, or room-access specification; federal functional-space floor still applies |
No specified oral/written request method, response deadline, handbook, posting, distribution, or lactation-policy duty; state rule applies when the employee desires to express milk |
Section 34-1-6 states no pump-specific retaliation ban, agency complaint, penalty, damages, fees, or private action; federal FLSA enforcement applies. Employer has limited harm/storage immunity (§ 34-1-6(d)) |
| Hawaii verified 2026-07-22 | Haw. Rev. Stat. §§ 378-91 to -93 require time, private non-restroom space, notice, and civil remedies; § 378-2(a)(7) bars lactation-based job penalties. Federal § 218d runs alongside and preserves greater state protection |
Generally 1+ employees, including Hawaii and political subdivisions; United States excluded (§ 378-91). Employer with fewer than 20 may avoid only § 378-92(a) time/space duties by proving significant-difficulty-or-expense undue hardship (§ 378-92(c)) |
Reasonable break time each time the employee needs to express milk for the nursing child, for 1 year after birth (§ 378-92(a)(1)); no fixed minutes or state concurrency rule |
Hawaii does not label the pumping break paid; § 378-2(a)(7) bars withholding pay or penalizing a lactating employee because the employee breastfeeds or expresses milk. Federal law makes the time paid work when duties continue |
Location other than the restroom, shielded from view and free from coworker/public intrusion, usable for expressing milk (§ 378-92(a)(2)); no statutory proximity, temporary/shared-room, priority, lock/sign, camera, or mobile-worksite detail |
No Hawaii statutory chair, surface, outlet, power, sink, water, refrigerator, cooler, cleanliness, hazard, or separate availability checklist in §§ 378-91 to -93 |
No special employee request form or employer response deadline. Every covered employer must post conspicuous accessible notice and use other appropriate means to keep employees informed of Part VII protections and duties (§ 378-92(b)) |
No refusal to hire, discharge, withheld pay, demotion, or penalty because the employee breastfeeds/expresses (§ 378-2(a)(7)). Part VII suit within 2 years: injunction, actual damages including reasonable fees, and $500 fine per violation (§ 378-93); HCRC complaint for § 378-2 discrimination within 180 days (§§ 368-11, 368-17) |
| Idaho verified 2026-07-22 | No general Idaho workplace pumping statute; Idaho Code § 18-4116(3) is only an indecent-exposure exclusion for breastfeeding or expressing milk to feed a child. Federal 29 U.S.C. § 218d supplies the workplace time, space, pay, hardship, and greater-protection floor |
No Idaho pumping-specific private-employer threshold, employee class, industry rule, or hardship exemption. Federal FLSA coverage applies independently, including its fewer-than-50 undue-hardship and transportation provisions |
No Idaho state pumping-break entitlement, frequency, minutes, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No Idaho lactation-specific paid/unpaid or compensation-reduction rule. Federal law does not require pay for fully relieved pumping time unless another source does, but the entire period is work time when duties continue |
No Idaho workplace lactation-space mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires functional non-bathroom space shielded from view and free from coworker/public intrusion |
No Idaho pumping-specific chair, surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist. Federal law requires a place that may be used to express milk |
No Idaho lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No Idaho pumping-specific interference, retaliation, agency-complaint, civil-action, damages, penalty, fee, or state cure rule. Federal enforcement and remedies are separate; federal law generally requires 10 days' employer notice before a space-only § 216(b) action, subject to statutory exceptions |
| Illinois verified 2026-07-21 | 820 ILCS 260/5, /10, /15 require paid needed breaks and reasonable efforts toward private space; 775 ILCS 5/2-102(J) separately requires pregnancy accommodation. Federal 29 U.S.C. § 218d remains the nationwide floor |
Paid-break act: employer with more than 5 employees, including state/local government, excluding listed family members (§ 5). IHRA pregnancy accommodation: generally 1+ employees, subject to statutory exclusions (§ 2-101(B)) |
Reasonable break each time the employee needs to express milk, for 1 year after birth; may run concurrently with an existing break (§ 10) |
Paid at the employee's regular rate; employer cannot require paid leave or otherwise reduce compensation (§ 10). Federal law counts the break as worked if duties continue (§ 218d(b)) |
Reasonable efforts toward a room/location close to the work area, other than a toilet stall, for private expression (§ 15); IHRA accommodation expressly requires private non-bathroom space (§ 2-102(J)) |
No Illinois seat, surface, power, water, sink, or cooling specification in the ordinary-employer provisions; federal law still requires a functional non-bathroom space available when needed (§ 218d(a)) |
IHRA accommodation begins with an employee request, allows limited job-related documentation, and requires a timely good-faith meaningful exchange; rights notice must be posted and included in any handbook (§§ 2-102(J), (K)) |
IHRA bars retaliation for requesting or using accommodation; IDHR charge generally within 2 years, with Commission/court routes and make-whole relief. 820 ILCS 260 states no standalone private remedy (§§ 6-101, 8A-104) |
| Indiana verified 2026-07-21 | Ind. Code ch. 22-2-14 adds private-space and cold-storage duties for 25+ employers but no private-sector break mandate; § 5-10-6-2 separately gives public employees paid daily time and reasonable space/storage efforts. Federal § 218d supplies each-time-needed breaks for 1 year and a non-bathroom place |
Private chapter applies at 25+ employees and qualifies its space/storage duties by 'to the extent reasonably possible.' State and political-subdivision employees have the separate paid-break rule, subject to undue disruption. Federal fewer-than-50 hardship and transportation exceptions remain separate |
No Indiana-created private-sector pumping break, frequency, minutes, or post-birth window; private space applies during any period away from assigned duties. Public employers owe reasonable paid break time each day for an infant child, concurrent with existing breaks if possible, unless operations would be unduly disrupted. Federal floor is each time needed for 1 year |
Private chapter creates no break or pay entitlement. Public § 5-10-6-2 expressly requires paid time. Federal § 218d permits unpaid additional time unless another law requires pay, but treats the entire break as hours worked if duties continue |
Private 25+ employer: to extent reasonably possible, a private location other than a toilet stall; no state proximity rule. Public employer: reasonable efforts toward a room/other private location other than a toilet stall, close to work. Federal law independently excludes the whole bathroom and requires shielding and freedom from intrusion |
Private 25+ employer: to extent reasonably possible, refrigerator/other cold storage or permission for the employee's portable cold-storage device through the workday. Public employer: reasonable efforts toward refrigerator/other cold storage. No state chair, surface, power, water, sink, cleanliness, priority, or availability checklist |
No prescribed oral/written request, advance notice, response deadline, written denial, interactive process, handbook, policy, poster, new-hire/annual notice, or recordkeeping duty in the two-section private chapter or § 5-10-6-2 |
The Indiana provisions state no pump-specific retaliation ban, agency process, private action, damages, penalty, fees, or cure procedure. Private liability immunity for expression/storage harm does not cover willful misconduct, gross negligence, or bad faith; public employers avoid space/storage liability after reasonable effort. Federal enforcement and remedies remain separate |
| Iowa verified 2026-07-22 | No general Iowa workplace pumping statute; current 2026 Code Index points 'BREASTFEEDING' only to public-place § 135.30A. Federal 29 U.S.C. § 218d supplies the workplace time, space, pay, hardship, and greater-protection floor |
No Iowa pumping-specific private-employer threshold, employee class, industry rule, or hardship exemption. Federal FLSA coverage applies independently, including its fewer-than-50 undue-hardship and transportation provisions |
No Iowa state pumping-break entitlement, frequency, minutes, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No Iowa lactation-specific paid/unpaid or compensation-reduction rule. Federal law does not require pay for fully relieved pumping time unless another source does, but the entire period is work time when duties continue |
No Iowa workplace lactation-space mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires a functional non-bathroom space shielded from view and free from coworker/public intrusion |
No Iowa pumping-specific chair, surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist. Federal law requires the space to be functional and available when needed |
No Iowa lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No Iowa pumping-specific interference, retaliation, agency-complaint, civil-action, damages, penalty, fee, or state cure rule. Federal enforcement and remedies are separate; federal law generally requires 10 days' employer notice before a space-only § 216(b) action, subject to statutory exceptions |
| Kansas verified 2026-07-22 | No general Kansas workplace pumping statute; K.S.A. 65-1,248 protects breastfeeding wherever the mother has a right to be but does not create pumping time or space. Federal 29 U.S.C. § 218d supplies the workplace time, space, pay, hardship, and greater-protection floor |
No Kansas pumping-specific private-employer threshold, employee class, industry rule, or hardship exemption. Federal FLSA coverage applies independently, including its fewer-than-50 undue-hardship and transportation provisions |
No Kansas state pumping-break entitlement, frequency, minutes, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No Kansas lactation-specific paid/unpaid or compensation-reduction rule. Federal law does not require pay for fully relieved pumping time unless another source does, but the entire period is work time when duties continue |
No Kansas workplace lactation-space mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires functional non-bathroom space shielded from view and free from coworker/public intrusion |
No Kansas pumping-specific chair, surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist. Federal law requires the space to be functional and available when needed |
No Kansas lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No Kansas pumping-specific interference, retaliation, agency-complaint, civil-action, damages, penalty, fee, or state cure rule. Federal enforcement and remedies are separate; federal law generally requires 10 days' employer notice before a space-only § 216(b) action, subject to statutory exceptions |
| Kentucky verified 2026-07-22 | KRS 344.030 and 344.040 require requested reasonable accommodation for pregnancy/childbirth-related limitations, expressly including lactation or expressing milk. Federal 29 U.S.C. § 218d remains a separate one-year time-and-space floor |
Pregnancy-accommodation definition uses 15+ Kentucky employees for 20+ weeks in the current/preceding year (§ 344.030(2)); employee definition excludes employment by parent/spouse/child and domestic service (§ 344.030(5)). Employer may prove undue hardship under statutory factors |
Reasonable accommodation may include more-frequent or longer breaks; no fixed sessions, minutes, or Kentucky post-birth cutoff. Related medical condition includes lactation or need to express for a nursing child (§ 344.030(6), (8)) |
No pumping-specific pay rule. Kentucky's ordinary 10-min rest each 4 hours carries no pay reduction (§ 337.365); pay for additional accommodation time is not specified. Federal law counts the whole break as work if duties continue (§ 218d(b)) |
Reasonable accommodation may include private space that is not a bathroom (§ 344.030(6)(b)); no statutory proximity, temporary/shared-room, priority, lock/sign, camera, shielding, or intrusion detail. Federal law adds shielding and freedom from intrusion |
Accommodation may include equipment acquisition/modification and appropriate seating (§ 344.030(6)(b)); no pumping-specific surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist |
Employee must request accommodation; employer and employee must engage in a timely, good-faith interactive process (§ 344.040(1)(c)). Written rights notice at hire and conspicuous posting required (§ 344.040(3)); no special request form or fixed response deadline |
Failure to accommodate absent undue hardship is unlawful; forced leave barred when another accommodation works; retaliation/opposition protections apply (§§ 344.040, 344.280). Circuit-court action may seek injunction, actual damages, costs, attorney fee, and chapter remedies (§ 344.450) |
| Louisiana verified 2026-07-22 | La. R.S. 23:302, 23:341.1-.342 require reasonable accommodation for known pregnancy/childbirth-related limitations, expressly including lactation and expressing milk for up to 1 year. Federal § 218d remains a separate floor |
Employers with 20+ Louisiana employees for 20+ weeks in the current/preceding year; State and political subdivisions included, with listed domestic/family and religious-education exclusions (§ 23:302(2)). Applicant/employee must have a known covered limitation; undue hardship defense |
Reasonable accommodation may include scheduled and more-frequent or longer break periods; no fixed number or minutes. Lactation/need to express is covered for up to 1 year after birth (§ 23:341.1(B)) |
The state accommodation list specifies compensated break periods (§ 23:341.1(B)(2)(b)). Federal law also counts the whole break as hours worked if duties continue (§ 218d(b)) |
Reasonable accommodation may include a private place other than a bathroom stall; no duty to construct a permanent dedicated expression room (§ 23:341.1(B)(2)). Federal law separately bars the entire bathroom and requires shielding and freedom from intrusion |
No lactation-specific chair, pump surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, proximity, or shared-room priority checklist. General job-function equipment accommodation is distinct from pumping-room equipment |
Limitation must be known to employer; no special oral/written request form or response deadline stated. Employer must give written rights notice at commencement of employment and post it conspicuously (§ 23:342(C)); no separate lactation-handbook mandate |
Failure/refusal absent undue hardship, denied opportunity, forced leave, and adverse action for requesting/using accommodation are unlawful (§ 23:342(B)). Civil suit may seek compensatory damages, back pay, benefits, reinstatement/front pay, fees, and costs after 30-day written notice; 1-year prescriptive period (§ 23:303) |
| Maine verified 2026-07-22 | 26 M.R.S. § 604 requires daily time for up to 3 years, reasonable efforts toward clean private non-bathroom space, and nondiscrimination; § 602 supplies enforcement. Federal § 218d adds each-time-needed frequency and its separate space/pay/remedy floor |
All private and public employers, including Maine and political subdivisions; no headcount threshold or current state undue-hardship exemption (§§ 603(1)(A), 604). Federal coverage and exceptions apply independently |
Adequate unpaid break time or use of paid break/meal time each day, for up to 3 years following childbirth (§ 604). State law does not assign fixed minutes or expressly require each-time-needed frequency; federal law does for its 1-year window |
Employer may provide adequate unpaid time or permit use of paid break or meal time (§ 604). Federal law makes the entire period hours worked when duties continue and preserves pay required by another source |
Employer must make reasonable efforts to provide a clean room or other location, other than a bathroom, where the employee may express milk in privacy (§ 604); no proximity, temporary/shared-room, priority, lock/sign, camera, or mobile-worksite detail |
No statutory chair, surface, outlet/power, water/sink, refrigerator/cooler, separate availability, or hazard checklist; cleanliness is expressly included, and the room duty is framed as reasonable efforts (§ 604) |
No lactation-specific request form, advance-notice period, interactive process, written response/denial, policy, handbook, posting, recordkeeping, or response deadline in §§ 602-604 |
No discrimination for choosing to express milk (§ 604); no discharge/discrimination for complaining to labor director, district attorney, or AG (§ 602(2)). Civil forfeiture $100-$500 per violation; AG may seek injunction and complaint-retaliation reinstatement (§ 602) |
| Maryland verified 2026-07-21 | No general Maryland private-workplace lactation statute; current MDH workplace guidance identifies federal protection. Federal § 218d supplies each-time-needed breaks for 1 year and a non-bathroom place. Md. Code, State Pers. & Pens. § 2-310 is a State-employer-only exception |
No general state private-employer coverage or threshold; federal FLSA coverage controls, with separate fewer-than-50 hardship and transportation rules. Section 2-310 covers employees of the State, not local government or ordinary private employers |
No Maryland-created private-sector frequency, minutes, or duration. State employees: reasonable time each time needed after the child's birth, with no fixed state end date. Federal floor for covered private employment: each time needed for 1 year |
No state private-sector pay rule. Maryland says the State need not compensate its employee for expression time. Federal § 218d permits unpaid additional time unless another law requires pay, but the whole break is hours worked if duties continue |
No state private-sector room rule. On notice, the State must provide employees a place other than a bathroom, shielded from view and free from coworkers and the public. Federal law independently supplies the non-bathroom, shielding, and intrusion-free floor for covered private employment |
No Maryland private-sector or State-employee statutory chair, surface, outlet, sink, water, refrigerator, cooling, cleanliness, proximity, temporary/shared-space, priority, or availability checklist; federal functional-space requirements remain separate |
No general state private-workplace request, response, denial, interactive-process, handbook, notice, poster, or recordkeeping rule. The State-employee space duty arises 'on notice,' but § 2-310 prescribes no oral/written form, advance period, response deadline, or policy |
No pump-specific private-workplace state retaliation ban, agency complaint, private action, damages, penalty, fees, or cure rule. Section 2-310 states the State duties but no interference ban or remedy. Federal enforcement and remedies remain separate |
| Massachusetts verified 2026-07-21 | Mass. G.L. c.151B, § 4(1E) adds requested lactation accommodation, notice, discrimination, and remedy rights; federal § 218d independently supplies each-time-needed breaks for 1 year and a shielded, intrusion-free non-bathroom place |
Generally 6+ employees; commonwealth/political subdivisions and domestic-worker employers included. Nonprofit exclusively social clubs/fraternal associations excluded; employee excludes a person employed by a parent, spouse, or child |
More frequent or longer breaks may be reasonable accommodation; no fixed state sessions, minutes, or post-birth cutoff. Federal floor separately requires reasonable time each time needed for 1 year |
State statute expressly contemplates paid or unpaid breaks but does not make every lactation break paid. Federal § 218d(b) permits unpaid extra time unless another law applies and treats the whole break as worked if duties continue |
Private non-bathroom expression space is a listed reasonable accommodation; no state proximity, temporary/shared-room, priority, lock/sign, shielding, or intrusion formula. Federal privacy floor independently applies |
Equipment acquisition/modification and seating can be accommodations, but no fixed state chair, surface, outlet, sink, water, refrigeration, cooling, cleanliness, or availability checklist |
Employee request triggers timely, good-faith interactive process. Professional documentation may be required for break need, but not for private non-bathroom space; extensions may require documentation. Written rights notice to all employees, at/before hire, and within 10 days after pregnancy/related-condition notice including lactation |
No adverse action, opportunity denial, unnecessary unwanted accommodation, forced leave, or refusal to hire. MCAD complaint within 300 days; after 90 days, court action by 3 years; injunction, actual/punitive damages, fees/costs, reinstatement/back pay, and agency penalties |
| Michigan verified 2026-07-21 | No general Michigan private-workplace pumping add-on; 29 U.S.C. § 218d supplies the ordinary floor. Michigan's detailed APO 220 policy is MDHHS-only |
Federal FLSA-covered employment; fewer-than-50 employers have only the federal proof-based undue-hardship defense (§ 218d(c)). APO 220 covers breastfeeding MDHHS employees |
No private-sector Michigan add-on; federal reasonable time each time needed for 1 year after birth. MDHHS policy describes 2-4 sessions per 8-hour day, up to about 30 minutes, with later use by permission |
No Michigan pumping-specific private-sector pay rule; federal time may be unpaid unless other law applies, but is work time if duties continue (§ 218d(b)). APO 220 does not state a separate pay rule |
No private-workplace add-on; federal space must be non-bathroom, shielded, and intrusion-free. MDHHS requires a non-restroom room, functional lock or in-use sign, and privacy |
No Michigan private-employer equipment mandate. MDHHS requires a comfortable chair, small table, outlet, and flat surface; nearby sink and refrigerator are helpful, not required |
No private-employer Michigan request, response, handbook, posting, or policy duty. MDHHS includes its policy in new-employee orientation and posts FLSA-rights information |
No Michigan private-sector pump-specific remedy; federal enforcement applies, including the space-claim notice rule. MDHHS policy says not to discriminate over expressing milk |
| Minnesota verified 2026-07-21 | Minn. Stat. § 181.939 requires paid daily time, specified private space, notices, and retaliation protection with no state cutoff. Federal § 218d independently supplies each-time-needed breaks for 1 year; Minnesota is more protective on pay, duration, coverage, outlet access, notices, and remedies |
All persons/entities with 1+ employee, including Minnesota and political subdivisions; no headcount or hardship exemption stated. Federal fewer-than-50 hardship and transportation exceptions do not narrow the greater state rights |
Reasonable break times each day; may run concurrently with existing breaks. No fixed state minutes, number of sessions, child-age phrase, or post-birth cutoff. Federal floor separately states each time needed for 1 year |
Employer may not reduce compensation for time used to express milk; concurrency with existing breaks is permitted. Federal on-duty hours-worked rule and any more-protective wage source also apply |
Reasonable efforts toward a clean, private, secure room/other location close to work, outside both a bathroom and toilet stall, shielded from view and free from coworker/public intrusion; employer held harmless after reasonable effort. No temporary/shared-space, priority, lock/sign, or camera rule stated |
Electrical-outlet access required. No statutory chair, pump surface, sink, running water, refrigerator, cooler, cleaning supplies, hazard checklist, or availability schedule beyond clean/private/secure space |
No special request form or response deadline. Employer must inform employees at hire and when an employee asks about or requests parental leave, in English and the employee's identified primary language; any employee handbook must include rights/remedies notice. Commissioner supplies text in English plus 5 common Minnesota languages |
Broad discharge, discipline, penalty, interference, threat, restraint, coercion, retaliation, and discrimination ban. Labor Standards receives complaints, contacts employer within 2 business days, investigates within 10 days, and commissioner may order compliance, back pay, compensatory and equal liquidated damages, reinstatement, and up to $10,000 for repeated/willful violations. Private action: all legal damages, injunction/equity, costs, and reasonable fees |
| Mississippi verified 2026-07-22 | Miss. Code §§ 71-1-55 and 71-1-53 protect pumping during an employer-provided meal or other break and supply a misdemeanor penalty, but do not create a break or room. Federal 29 U.S.C. § 218d independently supplies each-time-needed time for 1 year and private non-bathroom space |
§ 71-1-55 states no employer-headcount, industry, occupation, hours, tenure, or hardship threshold. Because it protects only use of a break the employer provides, it does not require an employer to begin providing breaks. Federal coverage and exemptions remain separate |
Employee may express milk during any meal period or other break period the employer provides. No additional state break, fixed minutes, frequency, concurrency formula, or post-birth cutoff; federal law separately requires reasonable time each time needed for 1 year |
No Mississippi lactation-specific paid/unpaid, compensation-reduction, or hours-worked rule; the underlying meal or break's ordinary pay treatment governs. Federal law requires pay when the employee is not completely relieved from duty |
No Mississippi workplace pumping-space mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires functional non-bathroom space shielded from view and free from coworker/public intrusion |
No Mississippi pumping-specific chair, surface, outlet, sink, running-water, refrigerator, cooler, cleanliness, hazard, priority, or availability checklist. Federal law requires the space to be functional and available when needed |
No Mississippi lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
Employer may not prohibit pumping during a provided meal or break. Under § 71-1-53, an otherwise unpenalized chapter violation is a misdemeanor carrying a $25–$250 fine per offense, with each day separate; no lactation-specific retaliation ban, agency process, private action, damages, attorney fees, or cure period |
| Missouri verified 2026-07-21 | No general Missouri private-workplace lactation duty; DLS says state law requires no break of any kind. RSMo § 191.918 protects expression only where already authorized, not employer-provided time/space. Federal § 218d supplies each-time-needed breaks for 1 year and a non-bathroom place; § 160.995 is a public-school-only exception |
No general state private-employer coverage or threshold. Federal FLSA coverage controls, with its separate fewer-than-50 undue-hardship and transportation rules. RSMo § 160.995 narrowly covers lactating employees and teachers in each public school building within a school district |
No Missouri-created break frequency, minutes, or duration for ordinary private employment. Public-school exception: minimum 3 opportunities per school day at intervals agreed with the district, available at least 1 year after birth and longer if the local board chooses. Federal private floor: each time needed for 1 year |
Missouri creates no ordinary private pumping break or pay rule; school statute does not label its 3 opportunities paid or unpaid. Federal § 218d permits unpaid additional time unless another law requires pay, but the whole break is hours worked if duties continue |
No general state private-workplace room duty. Section 191.918 applies only where the person is already authorized to be. Public-school exception requires an exclusive-use room other than a restroom, with ventilation and a privacy-locking door. Federal law independently requires shielding, freedom from intrusion, and a place outside the entire bathroom |
No general Missouri private-workplace equipment rule. Public-school room must be near a sink with running water and a refrigerator and have a work surface, chair, and conveniently placed outlets. Federal functional/available-space floor remains separate |
No general private-workplace request, response, denial, interactive-process, handbook, notice, poster, or recordkeeping rule. School boards had to adopt a written policy by July 1, 2022; the district and individual agree on intervals, and DESE had to develop a model policy |
No pump-specific private-workplace retaliation ban, state agency complaint, private action, damages, penalty, fees, or cure rule. Section 191.918 bars municipalities from restricting authorized-location expression; § 160.995 authorizes DESE rules but states no employee remedy. Federal enforcement and remedies remain separate |
| Montana verified 2026-07-22 | No general Montana private-sector add-on; 29 U.S.C. § 218d supplies the federal floor. MCA §§ 39-2-215 to -217 apply only to listed public employers |
Private employment: federal coverage/exceptions only. State law covers state and county governments, municipalities, school districts, and the Montana university system (§§ 39-2-215 to -217) |
Private: no Montana add-on; federal reasonable time each time needed for 1 year (§ 218d(a)). Public: reasonable unpaid time each day if breaks are allowed; otherwise case-by-case accommodation as possible; no fixed post-birth cutoff (§ 39-2-217) |
Public break is expressly unpaid and should run concurrently with an existing break if possible (§ 39-2-217). Federal time is hours worked when duties continue and preserves pay required by another source (§ 218d(b)) |
Public employer must make reasonable efforts toward a room/location close to the work area, other than a toilet stall (§ 39-2-216); policy must provide privacy, allow temporary/not fully enclosed space, and make it readily available (§ 39-2-215) |
Public policy must provide lighting and electricity for the pump (§ 39-2-215). No mandatory chair, surface, water, refrigeration, cleanliness, hazard, or priority rule; milk-storage facilities are encouraged, not required (§ 39-2-216) |
Listed public employers must have a written breastfeeding-support policy identifying how suitable space will be made available (§ 39-2-215). No required request form, advance notice, delivery/posting method, written response, recordkeeping, or response deadline |
Public employer may not refuse hire, bar, discharge, withhold compensation/terms/privileges, or otherwise discriminate because an employee expresses milk, subject to a bona fide occupational qualification (§ 39-2-215). §§ 39-2-215 to -217 state no lactation-specific complaint route, penalty, damages, fees, or cure rule; federal remedies remain separate |
| Nebraska verified 2026-07-22 | Neb. Rev. Stat. §§ 48-1102(11), 48-1104, and 48-1107.02 require reasonable accommodation that may include pumping time and facilities. Federal 29 U.S.C. § 218d separately supplies a 1-year time-and-space floor |
Generally 15+ employees for 20+ weeks; Nebraska Investment Finance Authority-financed businesses regardless of size; state/local government included. State definition excludes federal and tribal employers and qualifying private clubs (§ 48-1102(2)); state undue-hardship defense |
Nebraska lists break time as a possible reasonable accommodation but sets no fixed sessions, minutes, or post-birth cutoff. Federal law requires reasonable time each time needed for 1 year (§ 218d(a)) |
Nebraska's accommodation provisions do not specify pay. Federal law generally permits unpaid off-duty pumping time but counts the whole break as hours worked if duties continue (§ 218d(b)) |
Nebraska requires reasonable accommodation that may include “appropriate facilities,” without a state bathroom, proximity, shielding, intrusion, temporary/shared-space, or priority specification. Federal law separately bars bathrooms and requires shielding and freedom from intrusion |
No Nebraska pumping-specific seat, surface, outlet, water, sink, cooling, cleanliness, hazard, or access checklist; facility details turn on reasonable accommodation and undue hardship |
Duty concerns a known physical limitation; requesting or using accommodation is protected (§ 48-1107.02(2)(j)). No special form, lactation policy/posting duty, written denial, or fixed employer-response deadline stated |
No adverse action for requesting/using accommodation; opposition and charge participation protected. NEOC charge within 300 days; commission relief may include reinstatement/backpay, and district-court relief may include injunction, general/special damages, fees, and costs (§§ 48-1114, 48-1118, 48-1119) |
| Nevada verified 2026-07-22 | NRS 608.0193 requires pumping time and specified space in private employment; NRS 281.755 supplies a parallel public-body rule. Nevada's 15+ Pregnant Workers' Fairness Act can also require revised break schedules and non-bathroom pumping space. Federal § 218d independently supplies its one-year floor |
Nevada break/space rule covers an employee who is the mother of a child under 1; fewer-than-50 employer may claim undue hardship, and a licensed contractor is exempt for an employee at a construction jobsite ≥3 miles from the regular business. Public bodies are parallel, except Department of Corrections. Pregnancy-accommodation route begins at 15+ |
Reasonable break time as needed while child is under 1 (NRS 608.0193). Pregnancy accommodation may revise break frequency/duration through a timely good-faith interactive process and has no stated child-age cutoff; federal floor separately says each time needed for 1 year |
State lactation time may be with or without compensation; it must be paid when a collective-bargaining agreement requires. Nevada also requires wages for each hour worked, and federal law makes pumping time paid when duties continue |
Place cannot be a bathroom; must be reasonably free from dirt/pollution, protected from others' view, and free from intrusion. No proximity, temporary/shared-space, priority, lock/sign, camera, or mobile-worksite standard, apart from the remote construction-jobsite exclusion |
No Nevada pumping-specific chair, pump surface, outlet, sink, running-water, refrigerator, cooler, supplies, hazard, or availability checklist; state requires reasonable freedom from dirt/pollution, and federal law separately requires functional space available when needed |
No special request form for NRS 608.0193. On claimed hardship, employer meets with employee to seek a reasonable alternative and may select one if no agreement. Under 15+ accommodation law, request triggers timely good-faith interactive process; employer must give rights notice at hire, within 10 days after pregnancy notice, and post it conspicuously |
Broad retaliation ban for using time/space or seeking compliance. Labor Commissioner enforces Chapter 608; violation can be a misdemeanor and draw up to $5,000 administrative penalty. Pregnancy-accommodation complaint to NERC is due within 300 days and may lead to right-to-sue/court relief. Public employees use specified internal/board complaint routes; federal remedies are separate |
| New Hampshire verified 2026-07-22 | RSA 275:78-:83 require an unpaid break schedule, nearby private space, policy/notice, hardship relief, and a civil penalty; effective July 1, 2025, with RSA 275:82 penalty effective July 1, 2026. Federal § 218d runs alongside and preserves greater protection |
Employer with 6+ employees working in New Hampshire, including the State and political subdivisions; unpaid volunteers at public/charitable/religious facilities excluded (RSA 275:78). Employer may be exempted if time and space impose undue hardship (RSA 275:83) |
Unpaid break of approximately 30 minutes per 3 hours worked, for 1 year after birth; different reasonable periods may be negotiated; may run contemporaneously with existing break/meal periods; no make-up time required (RSA 275:78(IV), :81) |
State-defined reasonable lactation break is unpaid, and employer cannot require the employee to make up that time (RSA 275:78(IV), :81(III)). Federal law still treats the entire period as hours worked when duties continue |
Temporary or permanent space within a reasonable walk unless mutually agreed otherwise; not a bathroom; clean, shielded from view, intrusion-free; nondedicated space must be available when requested (RSA 275:80) |
If feasible, room must have at least an electrical outlet and chair; statute adds no surface, water/sink, refrigerator/cooler, or separate hazard checklist (RSA 275:80(III)(b)) |
Employer must adopt a time/space policy and make it available at hire. Nursing employee must notify employer at least 2 weeks before needing breaks/space, consistent with employer policy; no fixed written-response deadline (RSA 275:79) |
No lactation-specific retaliation or private-damages clause in RSA 275:78-:83. Violation carries a one-time civil penalty under RSA 273:11-a; Commissioner may impose up to $2,500 after hearing, ordinarily after one written warning and 30-day cure period (RSA 275:82; RSA 273:11-a) |
| New Jersey verified 2026-07-21 | N.J.S.A. 10:5-12(a), (s) adds all-employer accommodation, discrimination, and remedy rights to 29 U.S.C. § 218d; stronger state protection survives federal law |
All New Jersey employers, including state/local government, with no headcount minimum; federal government excluded. Employees covered from day one; § 12(s) accommodation excludes independent contractors |
Reasonable time each day and each time needed; no month/year cutoff. Employer may limit number or length only by proving state undue hardship (§ 10:5-12(s); DCR 2026 FAQ 21) |
Normal compensated break stays paid; extra/longer time generally may be unpaid unless comparable disability breaks are paid. Employer cannot require work; employee-chosen work while expressing is paid (DCR FAQ 21, 26) |
Suitable private room/location, not a toilet stall, close to work. Prevent outsider access; cover windows, disable cameras, protect each simultaneous user; employee may request a nonprivate permitted space (DCR FAQ 20, 22-23) |
Available when needed; appropriate seat, outlet, pump surface; near running water and refrigerator or at least cooler. DCR says clean and ventilated; preferably same building (DCR FAQ 22) |
Oral request allowed; no special words or lactation documentation. Interactive process, reasonable-time response, prompt action, and usually interim accommodation; no fixed days or lactation-specific handbook/poster rule (DCR FAQ 11, 34-37) |
No penalty, retaliation, unequal treatment, or harassment. DCR complaint within 180 days or Superior Court within 2 years; make-whole/monetary relief and fees; DCR penalties up to $10k/$25k/$50k |
| New Mexico verified 2026-07-22 | NMSA 1978 § 28-20-2 requires flexible pumping breaks and a clean, private, nearby non-bathroom space, with no state post-birth cutoff. Federal 29 U.S.C. § 218d independently requires reasonable time each time needed for 1 year and functional view/intrusion-protected space |
Nursing mothers who are employees; every employer, expressly including New Mexico and its political subdivisions. No state headcount, industry, occupation, hours, tenure, small-employer, or hardship exception; federal coverage and exemptions remain separate |
Flexible break times to use a breast pump. No fixed state minutes, number of sessions, concurrency formula, or post-birth cutoff; federal law separately requires reasonable time each time needed for 1 year |
Employer is not liable for payment for pumping time in addition to established employee breaks or for overtime while the employee uses a pump. Federal law still treats the entire break as hours worked when duties continue |
Space must be clean, private, near the employee's workspace, and not a bathroom. No state temporary/shared-space, priority, lock/sign, camera, mobile-worksite, public-view, or coworker-intrusion detail; federal view/intrusion protection also applies |
Employer is not liable for breast-milk storage or refrigeration. No state-required chair, pump surface, outlet, sink, running water, cooler, cleaning supplies, hazard rule, room priority, or express availability-when-needed language beyond the clean-space duty |
No statutory request form, advance-notice period, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or fixed response deadline. State health guidance recommends discussing needs while pregnant but does not make that a legal prerequisite |
§ 28-20-2 contains no lactation-specific interference or retaliation language, enforcement agency, complaint process, private-action clause, damages, penalty, attorney-fee award, or cure period; it expressly limits employer liability for storage/refrigeration and specified pay. Federal remedies remain separate |
| New York verified 2026-07-21 | N.Y. Lab. Law § 206-c adds paid time, a 3-year window, room features, policy delivery, response, and retaliation rules to the federal FLSA floor; stronger state protection is preserved by 29 U.S.C. § 218d(h) |
All New York public and private employers, regardless of size or business (§ 206-c; NYSDOL). Space-only undue-hardship rule in § 206-c(2)(c); it does not excuse paid break time |
30 paid minutes each time reasonably needed, for up to 3 years after birth (§ 206-c(1)); shorter breaks are allowed, and existing paid break/meal time may cover time beyond 30 minutes |
First 30 minutes are paid; ordinary paid breaks/meal time may be used for extra time (§ 206-c(1)). Pumping may not reduce ordinary breaks or require make-up time; federal law counts time worked if duties continue |
On request: near work, well lit, shielded, intrusion-free, and not a restroom/toilet stall; a multipurpose room must be available and exclusive while used (§ 206-c(2)(a)-(b)) |
Chair, working surface, nearby clean running water, and outlet if the workplace has electricity; refrigeration access if the workplace has it (§ 206-c(2)(a), (d)) |
Advance written request; employer response within 5 business days. Give NYSDOL policy at hire, annually, and upon return after childbirth; notify staff when a room is designated (§ 206-c(2)-(3); NYSDOL) |
No discharge, threat, penalty, discrimination, or retaliation for exercising § 206-c rights; confidential complaint may be filed with NYSDOL Division of Labor Standards (§ 206-c(1), (4); NYSDOL) |
| North Carolina verified 2026-07-21 | No general North Carolina private-workplace pumping add-on; 29 U.S.C. § 218d supplies the ordinary floor. The OSHR Lactation Support Policy is limited to state employees |
Federal FLSA-covered employment; fewer-than-50 employers have only the federal proof-based undue-hardship defense (§ 218d(c)). North Carolina's policy separately covers all state employees |
No private-sector North Carolina add-on; federal reasonable time each time needed for 1 year after birth. State agencies may not deny a needed break or impose a fixed schedule that fails the employee's needs |
No private-sector North Carolina pumping-pay rule; federal time may be unpaid unless other law applies, but is work time if duties continue. For state employees, relieved breaks of 20 minutes or less count as work time |
No private-workplace add-on; federal space must be non-bathroom, shielded, and intrusion-free. State-agency space must also be outside a restroom/common area and have a securable or lockable door |
No private-employer North Carolina equipment mandate. State-agency space must have adequate lighting, seating, outlets, and needed availability; proximity to work and running water are considerations, not mandates |
No private-employer North Carolina request, response, handbook, posting, or policy duty. A state employee with no appropriate space should contact a supervisor or HR, then may contact OSHR |
No North Carolina private-sector pump-specific remedy; federal enforcement applies, including the space-claim notice rule. State agencies may not retaliate over oral or written FLSA/PWFA complaints |
| North Dakota verified 2026-07-22 | N.D.C.C. § 23-12-17 creates a voluntary infant-friendly designation, not a general mandate; § 23-12-16 protects direct breastfeeding in authorized locations. Federal 29 U.S.C. § 218d independently requires pumping time and private non-bathroom space |
No mandatory North Dakota pumping-specific headcount or employee class. Any employer seeking the infant-friendly label must adopt the listed policy; federal coverage and its fewer-than-50 undue-hardship rule apply independently |
Designation policy must include flexible scheduling, scheduling breaks, and work patterns allowing milk expression (§ 23-12-17(1)(a)); no fixed minutes, frequency, concurrency rule, or post-birth cutoff. Federal law requires each-time-needed time for 1 year |
North Dakota's designation statute is silent on pay and compensation reduction. Federal law generally permits unpaid fully relieved pumping time but counts the entire period as hours worked when duties continue (§ 218d(b)) |
Infant-friendly policy requires a convenient, sanitary, safe, private location other than a restroom for breastfeeding or expressing milk (§ 23-12-17(1)(b)); no temporary/shared-space, priority, lock/sign, camera, or mobile-worksite rule |
Designation requires a clean, safe water source with handwashing and pump-rinsing facilities in the private location, plus a convenient hygienic workplace refrigerator (§ 23-12-17(1)(c)-(d)); no chair, surface, outlet, or alternative-cooling term |
A workplace breastfeeding policy is required only to use the infant-friendly designation; HHS must establish employer guidelines (§ 23-12-17(2)). No employee request form, response deadline, denial letter, posting, annual notice, or recordkeeping rule |
Sections 23-12-16 and 23-12-17 state no pumping-specific interference, retaliation, agency complaint, private action, damages, penalty, fees, or cure procedure. Federal enforcement is separate; § 218d(g) can require 10 days' notice before a space-only action |
| Ohio verified 2026-07-21 | No general Ohio private-workplace pumping add-on; 29 U.S.C. § 218d supplies the ordinary floor. Ohio Rev. Code § 3781.55 protects breastfeeding in a public accommodation, not employer break/room duties |
Federal FLSA-covered employment; employers with fewer than 50 employees have only the federal, proof-based undue-hardship defense (§ 218d(c)). Ohio adds no separate workplace coverage rule |
No Ohio add-on; federal reasonable time each time needed for 1 year after birth (§ 218d(a)) |
No Ohio pumping-pay rule; federal time may be unpaid unless another law requires pay, but the entire break is work time if duties continue (§ 218d(b)) |
No Ohio workplace add-on; federal place must not be a bathroom and must be shielded from view and free from coworker/public intrusion (§ 218d(a)) |
No Ohio employer seat, surface, power, water, sink, cooling, cleanliness, or proximity mandate; federal law requires a functional space but its text does not list those items |
No Ohio lactation request method, response deadline, handbook, posting, or policy duty. Federal space suits generally require notice and a 10-day compliance opportunity, subject to exceptions (§ 218d(g)) |
No Ohio pump-specific interference, retaliation, penalty, or private-action provision; federal FLSA enforcement applies. Section 3781.55 is an authorized-location breastfeeding right, not a workplace remedy |
| Oklahoma verified 2026-07-22 | 40 O.S. § 435 is permissive—not mandatory—for ordinary private employers: they may offer unpaid daily time and may make space efforts. Federal 29 U.S.C. § 218d supplies the enforceable one-year private-employment floor; Oklahoma state agencies have a separate paid-time mandate |
§ 435 defines employer as a business with 1+ employee, including the state and political subdivisions, but private/local provisions use 'may.' Mandatory paid daily time applies to every state agency; federal coverage and exemptions remain separate |
No Oklahoma private-sector entitlement or state duration window. A private employer may provide reasonable unpaid time each day; a state agency must allow reasonable paid time each day. Federal law separately requires time each time needed for one year |
Voluntary private-employer time is described as unpaid and, if possible, concurrent with existing paid/unpaid breaks. State-agency daily time is paid. Federal law requires pay when duties continue and preserves pay for an employer's ordinary paid break |
No Oklahoma private-sector mandate; employer may make reasonable effort toward a private, secure, sanitary location close to work, other than a toilet stall (§ 435(B)). Federal law separately bars any bathroom and requires shielding and freedom from intrusion |
No private-employer equipment mandate. Separate state-building rule requires a hygienic non-bathroom room shielded from view and intrusion with chair, working surface, and outlet if the building has electricity (61 O.S. § 334); federal functional-space rule governs covered private work |
No Oklahoma private-employer request form, advance-notice, interactive-process, written-policy, handbook, posting, response-deadline, or written-denial rule in § 435 |
Because § 435 creates no private-employer duty, it states no private-sector interference, retaliation, agency-order, civil-action, damages, penalty, fee, or cure remedy. State Health Department reports may include complaints; federal enforcement and remedies remain separate |
| Oregon verified 2026-07-22 | ORS 653.077 requires pumping breaks and reasonable efforts toward private space through the child's first 18 months; 2025 HB 2541 extended coverage to agricultural employees effective May 7, 2025. Federal 29 U.S.C. § 218d supplies a separate one-year floor |
No general headcount threshold; BOLI describes hourly, salaried, and part-time coverage, and § 653.077(8) includes executive/administrative/professional and agricultural employees. Employers with 10 or fewer employees may avoid the break duty if it causes undue hardship; space remains a reasonable-efforts duty |
Reasonable rest period each time needed, until the employee's child is 18 months old; use existing rest/meal periods concurrently if feasible (§ 653.077(2), (7)) |
Additional time may be unpaid; otherwise-required paid rest periods stay paid up to the required amount. Employer may allow make-up work before/after shift; unpaid time need not be paid if not made up. Unpaid pumping time counts as paid work time when measuring hours that affect employer health-insurance contributions (§ 653.077(2)-(3)); federal law requires pay if duties continue |
Reasonable efforts toward a private location close to the work area, not a public restroom or toilet stall. It may be the normal work area, a private lounge connected to a public restroom, or a nearby child-care facility (§ 653.077(5)) |
No Oregon pumping-specific chair, surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist in § 653.077; federal law separately requires a functional space available when needed |
When possible, employee gives reasonable notice before returning after birth; failure to notify is not grounds for discipline (§ 653.077(2)(b)). No private-employer written-policy, handbook, posting, request-form, or response-deadline rule; school districts separately must adopt and publish a policy (§ 653.077(9)) |
Failure to give advance notice cannot be disciplined. ORS 653.060 bars discharge/discrimination for inquiries, reports, complaints, proceedings, or testimony related to chapter protections and permits a BOLI complaint; intentional § 653.077 violations can draw a civil penalty up to $1,000 (§ 653.256(2)). Federal remedies are separate |
| Pennsylvania verified 2026-07-21 | No general Pennsylvania private-sector pumping-break/room add-on. Federal 29 U.S.C. § 218d supplies the ordinary workplace floor; the 2007 Freedom to Breastfeed Act is an authorized-location rule, not an employer accommodation mandate |
Federal FLSA-covered employment; fewer-than-50 federal undue-hardship defense is employer-specific (§ 218d(c)). Separate Commonwealth HR policy covers agencies under the Governor's HR jurisdiction only |
Federal rule: reasonable time each time needed for 1 year after birth (§ 218d(a)); no general Pennsylvania private-sector extension. Covered Commonwealth policy runs up to 2 years |
No Pennsylvania private-sector pay add-on. Federal time need not be paid unless another law requires it, but the entire break is work time if duties continue (§ 218d(b)) |
No Pennsylvania private-sector add-on; federal place must not be a bathroom and must be shielded from view and free from coworker/public intrusion (§ 218d(a)). Commonwealth policy separately requires a locked private non-restroom space |
No Pennsylvania private-sector equipment rule beyond the federal functional-space floor; § 218d does not specify a chair, outlet, water, sink, or cooling. Commonwealth policy separately lists lighting, ventilation, seating, sink, and outlet |
No general Pennsylvania private-sector request, response, handbook, posting, or policy duty. Federal space suits generally require notice and a 10-day compliance opportunity, subject to exceptions (§ 218d(g)) |
No Pennsylvania workplace-lactation-specific private remedy. Federal FLSA enforcement applies; the state Freedom to Breastfeed Act protects breastfeeding in authorized locations but creates no employer break/room duty |
| Rhode Island verified 2026-07-22 | R.I. Gen. Laws § 28-5-7.4 requires requested reasonable accommodation for lactation, including break time and private non-bathroom space, subject to employer-proved undue hardship. Federal § 218d independently supplies its each-time-needed 1-year floor |
State, political subdivisions, and persons employing 4+ individuals (§ 28-5-6(9)); excludes employment by a parent, spouse, or child and domestic service (§ 28-5-6(8)), plus a narrow religious co-religionist exception |
Requested reasonable accommodation may include more frequent or longer breaks and break time to express milk (§ 28-5-7.4). No fixed minutes, interval, frequency, or post-birth cutoff; federal law separately requires reasonable time each time needed for 1 year |
State accommodation statute is silent on pay and concurrency. Federal time may be unpaid unless another source requires pay, but the entire period is hours worked when duties continue (§ 218d(b)) |
Reasonable accommodation expressly includes private non-bathroom space for expressing milk (§ 28-5-7.4(b)(2)); no state proximity, temporary/shared-room, priority, lock/sign, camera, or mobile-worksite detail |
Acquisition/modification of equipment and seating are listed possible accommodations, not an automatic lactation-room checklist (§ 28-5-7.4(b)(2)). No express power, surface, water, refrigeration, cleanliness, hazard, or availability rule |
Employee must request accommodation; no required form or fixed response deadline. Written rights notice must be posted and given to new hires; employee who reports pregnancy or menopause must receive notice within 10 days (§ 28-5-7.4(a)(1), (4)) |
Refusal to accommodate, forced leave when another accommodation works, lost opportunities, and retaliation are unlawful (§§ 28-5-7, 28-5-7.4). Charge within 1 year; commission relief includes reinstatement/back pay, fees, and compensatory damages; right-to-sue route and qualifying court punitive damages (§§ 28-5-17, -24, -24.1, -29.1) |
| South Carolina verified 2026-07-22 | S.C. Code § 41-1-130 applies to 1+ employers; §§ 1-13-30 and 1-13-80 add a 15+ pregnancy-accommodation layer. These protections operate alongside federal 29 U.S.C. § 218d |
Every employer with 1+ employee, including the State and political subdivisions (§ 41-1-130(A)); no break duty if undue hardship, and reasonable-efforts compliance is held harmless. Separate accommodation/notice law generally uses a 15+ threshold (§ 1-13-30(e)) |
Reasonable unpaid time, or use of paid break/meal time, each day; concurrent with an existing break if possible (§ 41-1-130(B)). No fixed minutes, number of sessions, or post-birth cutoff; 15+ accommodation law can require more-frequent or longer breaks |
Expression time may be unpaid; employee may use paid break or meal time, and concurrent paid time remains paid (§ 41-1-130(B); § 1-13-30(t)). Federal law separately counts the whole break as work time if duties continue (§ 218d(b)) |
Reasonable efforts toward a room or other private location, outside a toilet stall and close to the work area; no duty to build a dedicated room (§ 41-1-130(B)). Federal law independently bars the entire bathroom |
No South Carolina lactation-specific chair, surface, outlet, water, sink, refrigerator, cooler, cleanliness, hazard, or room-priority checklist; federal functional and available-space duties remain separate |
No pumping-request form or response deadline; employee must reasonably minimize operational disruption. Employers under the 15+ accommodation law must give written notice at hire and post it conspicuously (§ 1-13-80(A)(4)); no lactation-policy or handbook mandate |
No discrimination for compliant workplace expression; adverse action for requesting/using a pregnancy-related accommodation is barred. Reasonable-efforts compliance is held harmless, and § 41-1-130(C) sends redress through § 1-13-90; federal enforcement remains separate |
| South Dakota verified 2026-07-22 | No general South Dakota private-sector pumping statute in SDCL title 60; § 25-5-35 protects direct breastfeeding in authorized locations but does not prescribe expressing-milk time or space. Federal 29 U.S.C. § 218d supplies the workplace floor |
No South Dakota pumping-specific private-employer threshold or employee class. A separate State of South Dakota employee policy applies to the state workforce; federal coverage and its fewer-than-50 undue-hardship rule apply independently |
No private-sector state frequency, minutes, concurrency rule, or post-birth window. The state-employee policy calls for arrangements for needed pumping time, using normal breaks/lunch when possible; federal law requires reasonable time each time needed for 1 year |
No private-sector South Dakota lactation pay rule. The state-employee policy does not promise paid time and prefers normal breaks/lunch when possible. Federal law generally permits unpaid fully relieved time but counts the whole break as hours worked when duties continue |
No private-sector South Dakota room mandate. The state-employee policy requires non-bathroom space shielded from view and intrusion; federal law independently requires those features for covered employment |
No private-sector state equipment checklist. The state-employee policy provides comfortable seating, power, a nonfloor flat surface, and wash access; employees provide supplies and any portable cooling container. Federal law requires a usable place but does not list those state-policy features |
No private-sector state request form, response deadline, lactation-policy, handbook, posting, notice, or recordkeeping mandate. Under the state-employee policy, the employee and manager arrange pumping time and work coverage |
No pumping-specific South Dakota interference, retaliation, agency, civil-action, damages, penalty, fee, or cure rule. SDCL § 20-13-10 separately bars sex-based adverse or unequal employment treatment; federal enforcement is separate and § 218d(g) can require 10 days' notice before a space-only action |
| Tennessee verified 2026-07-21 | Tenn. Code Ann. § 50-1-305 adds daily unpaid time and reasonable nearby private-space efforts; federal § 218d independently requires each-time-needed breaks for 1 year and a shielded, intrusion-free place outside the entire bathroom |
State rule covers a person/entity with 1+ employees, including Tennessee and political subdivisions; no state headcount exemption. Break duty has an undue-disruption exception; federal fewer-than-50 hardship rule remains separate |
Reasonable unpaid break time each day; if possible, concurrent with an existing break. Employer need not provide it if operations would be unduly disrupted. No fixed state minutes, sessions, or post-birth cutoff beyond 'infant child'; federal floor is each time needed for 1 year |
State statute expressly describes the time as unpaid and favors concurrency with an existing break. Federal § 218d(b) treats the whole break as hours worked if duties continue; another law, agreement, or policy may require pay |
Reasonable efforts toward a room/other location in close proximity to work, other than a toilet stall, where expression is private; employer held harmless after reasonable effort. Federal law independently excludes the whole bathroom and requires shielding/intrusion protection |
No Tennessee statutory chair, surface, outlet, sink, water, refrigeration, cooling, cleanliness, temporary/shared-space, priority, or availability checklist; agency business tips are guidance, not added mandates |
No prescribed oral/written request, advance-notice period, response deadline, written denial, interactive process, handbook, policy, poster, new-hire, annual, or recordkeeping duty in § 50-1-305 |
Section 50-1-305 states no pump-specific retaliation ban, agency complaint, private action, damages, penalty, fee award, or cure process; its space subsection holds employer harmless after reasonable effort. Federal enforcement/remedies remain separate |
| Texas verified 2026-07-21 | No general Texas private-sector add-on; 29 U.S.C. § 218d supplies the federal floor. Tex. Gov't Code ch. 619 is public-employer-only |
Private employment: federal coverage/exceptions only. Chapter 619 covers employees of state agencies, institutions of higher education, counties, municipalities, school districts, and other political subdivisions (§ 619.001) |
Private: no Texas add-on; federal reasonable time each time needed for 1 year after birth (§ 218d(a)). Public: reasonable time each time needed, with no chapter 619 cutoff (§ 619.004(1)) |
No Texas private-sector pay rule and chapter 619 is silent on pay. Federal time may be unpaid unless other law applies, but is hours worked when duties continue (§ 218d(b)) |
Private federal floor: not a bathroom, shielded, intrusion-free (§ 218d(a)). Public: not a multiple-user bathroom, shielded from view, free from employee/public intrusion (§ 619.004(2)) |
No Texas private-sector or chapter 619 seat, surface, power, water, refrigeration, cleanliness, or proximity mandate; federal functional-space floor still applies |
No Texas private-sector request/policy add-on. Public employer must have a written policy supporting milk expression and reasonable accommodations (§ 619.003); no fixed response deadline |
Public employer may not suspend, terminate, or otherwise discriminate for asserting chapter 619 rights, but chapter creates no private/state cause of action (§§ 619.005-.006). Federal remedies remain separate |
| Utah verified 2026-07-22 | Utah Code §§ 34A-5-102 and 34A-5-106 require requested reasonable accommodation related to breastfeeding for covered private employers, but set no private pumping checklist. §§ 34-49-102 to -204 impose detailed duties only on specified public employers. Federal § 218d supplies the explicit private-sector time/space floor |
Private accommodation law generally covers 15+ employees in Utah for 20 weeks in current/prior year, plus state/local entities; specified religious entities and Boy Scouts are excluded (§ 34A-5-102). Chapter 49 separately covers executive-branch units, municipalities, counties, school districts, and public higher education |
Private state law: requested reasonable accommodation, with no pumping-specific frequency, minutes, or cutoff. Covered public employment: reasonable breaks each time needed for at least 1 year after birth; employer and employee consult on frequency/duration, and breaks run with existing periods when possible (§ 34-49-202) |
Neither Utah accommodation law nor the public-employer chapter labels pumping time paid or unpaid; public breaks run concurrently with other breaks when possible. Federal law requires pay when duties continue and preserves compensation required by another source |
Private Utah accommodation law states no pumping-room checklist; federal floor governs. Public employer must provide close-proximity space—not a bathroom or toilet stall—kept clean/sanitary, shielded from coworker/public view and intrusion, and available when needed; room duty has undue-hardship relief (§ 34-49-202(2)) |
Private state law states no chair, surface, outlet, water, cooling, cleanliness, or access checklist. Public room needs an outlet; employer must provide a clean, maintained refrigerator/freezer, or a nonelectric insulated container for a non-office employee. No public chair, pump surface, or sink/running-water rule |
Private employee must request accommodation and allow a reasonable opportunity; employer may require health-provider certification of medical advisability, start date, and probable duration. Employer must place written rights notice in handbook or conspicuously post it. Public employer must consult on timing and adopt a written breastfeeding-support/compliance policy |
Utah bars breastfeeding-based employment discrimination and refusal of a required accommodation; public Chapter 49 adds hiring, promotion, discharge, demotion, termination, retaliation, harassment, compensation, and conditions protection. UALD request is due within 180 days; state process is exclusive and can order cessation, reinstatement, back pay/benefits, fees, and costs. Federal remedies are separate |
| Vermont verified 2026-07-22 | 21 V.S.A. § 305 requires pumping time and private space for 3 years after birth, subject to substantial disruption. Federal § 218d separately requires each-time-needed breaks for 1 year and a shielded, intrusion-free place other than a bathroom; it preserves greater state protection |
Employers with 1+ service providers in Vermont, including individuals, organizations, governmental bodies, common carriers, and agents; employee means every person permitted, required, or directed to perform services for direct or indirect gain (§ 302). Time or space may be exempt if it would substantially disrupt operations (§ 305(b)) |
Reasonable time throughout the day to express milk, for 3 years after birth (§ 305(a)(1)). No fixed minutes or number of breaks. The state substantial-disruption exception applies; federal law separately requires time each time needed for 1 year |
Time may be compensated or uncompensated at the employer's sole discretion unless a collective bargaining agreement modifies that choice (§ 305(a)(1)). Federal law separately makes the entire period hours worked when the employee is not completely relieved from duty |
Reasonable accommodation of appropriate private space that is not a bathroom stall (§ 305(a)(2)). State law does not specify proximity, shielding mechanics, temporary/shared use, or priority. Federal law separately excludes an entire bathroom and requires shielding from view and freedom from intrusion |
No statutory chair, surface, outlet, water, refrigeration, cleanliness, hazard, or access checklist. The Health Department recommends a clean private place with outlets and a chair, but those are guidance rather than § 305 mandates; federal space must remain functional and available when needed |
No prescribed oral/written request, response deadline, denial writing, policy, handbook, poster, or notice duty. Current Health Department guidance recommends developing a policy, assigning oversight, informing employees, and offering flexible breaks, but does not present those steps as statutory requirements |
No retaliation or discrimination for exercising or attempting to exercise § 305 rights. § 495b permits a private Superior Court action for compensatory/punitive damages, equitable relief, wage/benefit restitution, reinstatement, costs, and fees; AG or State's Attorney may seek injunctions, economic damages, up to 1 year prospective lost wages, and costs (§ 305(c)-(d)) |
| Virginia verified 2026-07-21 | Va. Code § 2.2-3909 adds a state reasonable-accommodation right for lactation; 29 U.S.C. § 218d independently supplies each-time-needed breaks for 1 year and a private non-bathroom space. Greater state protection survives |
Virginia accommodation duty: employer with 5+ employees for each working day in 20+ weeks in the current or preceding year. Smaller FLSA-covered employment follows the federal floor; § 2.2-3905's domestic-worker discrimination coverage does not alter § 2.2-3909's threshold |
Reasonable accommodation may include breaks to express milk, determined for the known limitation through the interactive process; no fixed state frequency, minutes, or post-birth cutoff. Federal floor: each time needed for 1 year |
Virginia's lactation-accommodation text does not prescribe pay or concurrency. Under § 218d(b), additional time may be unpaid unless another law applies, but the entire break is hours worked if duties continue |
State accommodation includes access to a private location other than a bathroom for milk expression; no state proximity, temporary/shared-space, or priority formula. Federal floor also requires shielding from view and freedom from intrusion |
Equipment acquisition/modification and seating access/modification can be reasonable accommodations, but Virginia sets no fixed chair, surface, outlet, sink, water, cooling, cleanliness, or access checklist; federal space must remain functional |
Timely, good-faith interactive process after an accommodation request; no prescribed request form or fixed response days. Conspicuous notice and handbook information required, plus delivery at hire; 10-day direct delivery is triggered by pregnancy notice, not a separate lactation notice |
No adverse action, opportunity denial, or forced leave when another accommodation works. Subsection B claim in district/circuit court generally within 2 years, or 90 days after final agency disposition; compensatory damages, back pay, equity, fees/costs, and injunctions available |
| Washington verified 2026-07-21 | Current RCW 43.10.005 requires lactation accommodation through 2026; federal § 218d independently supplies its 1-year time-and-space floor. RCW chapter 49.92 replaces the state section on Jan. 1, 2027 and adds paid time |
Current state duty: 15+ employees; state/local entities included through RCW 49.60.040's person definition, nonprofit religious/sectarian organizations excluded. Smaller FLSA-covered employers follow federal law. Future 2027 state threshold: 1+ and religious organizations included |
Reasonable break each time the employee needs to express milk for 2 years after birth; undue-hardship defense applies. State period exceeds the federal 1-year floor |
Current lactation statute is silent on extra-time pay; Washington's ordinary 10-minute rest period is on employer time, and federal law pays the whole break if duties continue. Beginning Jan. 1, 2027, pumping and agreed-location travel time are regular-rate paid, cannot consume paid leave, and are additional to meal/rest periods |
Private location other than a bathroom if one exists at the business/worksite; if none, employer must work with employee to identify a convenient location and schedule. Federal law independently requires a shielded, intrusion-free non-bathroom place |
No fixed state lactation-room chair, surface, outlet, sink, water, refrigeration, cooling, cleanliness, or priority list. Equipment/workstation modification and seating are possible broader pregnancy accommodations, not automatic pumping-room specifications |
No special request form, fixed response days, or employer handbook/poster duty in current § 43.10.005. Employer cannot demand health-care certification for pumping break/space; if no on-site space exists, employer and employee identify a convenient location and schedule |
No adverse action for requesting, declining, or using accommodation; no opportunity denial or forced leave. Current AG complaint plus private injunction/actual damages/costs/fees/other appropriate relief; L&I enforcement and interim-order/civil-penalty framework begin Jan. 1, 2027 |
| West Virginia verified 2026-07-22 | No general West Virginia workplace pumping statute; W. Va. Code § 16-1-19 protects breastfeeding in locations open to the public but does not create pumping time or space. Federal 29 U.S.C. § 218d supplies the workplace time, space, pay, hardship, and greater-protection floor |
No West Virginia pumping-specific private-employer threshold, employee class, industry rule, or hardship exemption. Federal FLSA coverage applies independently, including its fewer-than-50 undue-hardship and transportation provisions |
No West Virginia state pumping-break entitlement, frequency, minutes, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No West Virginia lactation-specific paid/unpaid or compensation-reduction rule. Federal law does not require pay for fully relieved pumping time unless another source does, but the entire period is work time when duties continue |
No West Virginia workplace lactation-space mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires non-bathroom space shielded from view and free from coworker/public intrusion |
No West Virginia pumping-specific chair, surface, outlet, sink, water, refrigerator, cooler, cleanliness, hazard, or availability checklist. Federal law requires a place that may be used to express milk |
No West Virginia lactation-specific request method, advance notice, interactive process, written response/denial, employer policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No West Virginia pumping-specific interference, retaliation, agency-complaint, civil-action, damages, penalty, fee, or state cure rule. Federal enforcement and remedies are separate; federal law generally requires 10 days' employer notice before a space-only § 216(b) action, subject to statutory exceptions |
| Wisconsin verified 2026-07-21 | No general Wisconsin workplace pumping duty; DWD says state law does not require brief rest periods. Wis. Stat. § 253.165 protects direct breast-feeding in an authorized location, not expressing milk or employer accommodation. Federal § 218d supplies each-time-needed breaks for 1 year and a non-bathroom place |
No general state employer/employee coverage, headcount, or hardship rule for pumping. Federal FLSA coverage controls, including its separate fewer-than-50 undue-hardship and transportation rules |
No Wisconsin-created pumping frequency, minutes, concurrency rule, or post-birth duration. Federal floor is reasonable time each time needed for 1 year after birth |
No Wisconsin pumping-break pay rule. DWD treats provided breaks under 30 minutes as work time; federal § 218d permits unpaid additional pumping time unless another law requires pay, but the whole break is hours worked if duties continue |
No Wisconsin pumping-room, proximity, privacy, temporary/shared-space, priority, lock/sign, camera, shielding, or intrusion rule. Section 253.165 concerns direct breast-feeding where already authorized. Federal law independently requires a shielded, intrusion-free place outside the entire bathroom |
No Wisconsin pumping-specific chair, surface, outlet, sink, water, refrigerator, cooling, cleanliness, hazard, or availability checklist; federal functional/available-space requirements remain separate |
No Wisconsin pumping-specific oral/written request, advance notice, response deadline, written denial, interactive process, handbook, policy, poster, new-hire/annual notice, or recordkeeping duty |
No Wisconsin pumping-specific retaliation ban, agency complaint, private action, damages, penalty, fees, or cure process. Section 253.165 bars restriction of direct breast-feeding in an authorized location but does not create an expression-at-work remedy. Federal enforcement and remedies remain separate |
| Wyoming verified 2026-07-22 | No general Wyoming workplace pumping statute in the current Title 27 Labor and Employment code; a full-text audit found no lactation, breastfeeding, breast-milk, nursing-mother, expressing-milk, or pumping term. W.S. 27-9-105 bars pregnancy discrimination but creates no break/space rule. Federal § 218d supplies the pumping floor |
No Wyoming pumping-specific employer threshold, employee class, industry rule, or state hardship exemption. The separate Fair Employment Practices Act reaches the State/public bodies and private employers with 2+ employees, excluding religious organizations, but only for its discrimination rules (§ 27-9-102). Federal coverage applies independently |
No Wyoming state pumping-break entitlement, minutes, frequency, concurrency rule, or post-birth window. Federal law generally requires reasonable time each time needed for 1 year after birth |
No Wyoming lactation-specific paid/unpaid, compensation-reduction, or concurrency rule. Federal law generally permits unpaid fully relieved pumping time, requires ordinary paid breaks to remain paid, and treats the entire period as hours worked when duties continue |
No Wyoming workplace lactation-room mandate, bathroom exclusion, proximity, temporary/shared-space, priority, shielding, intrusion, lock/sign, camera, or mobile-worksite rule. Federal law separately requires a functional non-bathroom place shielded from view and free from intrusion |
No Wyoming pumping-specific chair, surface, outlet, water, sink, refrigerator, cooling, cleanliness, hazard, or availability checklist. Federal law requires the place to be functional and available when needed but does not make every recommended feature universal |
No Wyoming lactation-specific request method, advance notice, interactive process, written response/denial, policy, handbook, posting, multilingual notice, recordkeeping, or response deadline |
No Wyoming pumping-specific interference, retaliation, state complaint, civil action, damages, penalty, fee, or cure rule. Pregnancy discrimination may be reported to Workforce Services within 6 months under § 27-9-106, but denial of pumping time/space is governed by separate federal protection and remedies, including possible 10-day notice before a space-only suit |
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