This map provides information on federal and state-level employment protections against pregnancy discrimination, provisions for pregnancy accommodation, and workplace breastfeeding rights. Information on American Samoa, Guam, the U.S. Virgin Islands, and federal provisions are listed in an accompanying table at the link below the map.
Note: Federal law requires that women affected by pregnancy, childbirth or related medical conditions be treated the same as other persons not so affected but similar in their ability or inability to work for all employment-related purposes, including receipt of benefits under fringe benefit programs. See 42 U.S.C. § 2000e (k). Also, this page only addresses state laws; county, city or other local laws may provide additional sources of protection.
Employers are required to provide nursing mothers reasonable break time to express breast milk for one year after the birth of her child under Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. § 207) ("FLSA"). The law also requires that employers provide a place, other than a bathroom, for an employee to express breast milk. The law does not require that this time be compensated. Note that certain workers who are exempt from Section 7 of the FLSA are not covered by this amendment. Also note that the amendment does not preempt state laws that provide employees with broader protections (for example, compensated break time, break time for exempt employees, or break time beyond one year after the child's birth). For more about the FLSA's break time requirement, see http://www.dol.gov/whd/nursingmothers.
Forty-six states, the District of Columbia, and the U.S. Virgin Islands also allow women to breastfeed in public places or in places of "public accommodation," even if those jurisdictions do not require employers to make accommodations for breastfeeding employees. We have not included those laws here.
Last updated August 2019.