State Laws

28 Responses to “State Laws”

  1. Am I able to bring back breast milk on a plane?

  2. […] your state breastfeeding laws. If your law could be improved, or if your state does not have an enforcement provision, work with […]

  3. Brittany says:

    I’m looking for in formation about my rights I have so many question. N I don’t know where to start
    Can a cumminty. Collage refuse to let me pump in class can the school refuse to let me be late to a class
    can my job force me to go to traingings back to back n not give me time to pump can my job refuse to let me take one class at a later time ? Can my job refuse to give me a clean are to pump (I work direct care) can my Jo. Fire me for refusing to do these classes at this time being of my breastfeeding

    • admin says:

      Brittany, where are you?

      Marguerite, thanks for replying. I missed this comment/question. Texas public breastfeeding law doesn’t protect anyone from anything and most definitely can not be applied in schools.

  4. Marguerite Kelly says:

    Literally, yes they can refuse. There are no Texas State laws that protect you against either one of these situations. If the community college has a breastfeeding policy that protects their working employees then they may be able to apply it to you. If you apply the Texas State law for Breastfeeding in public then if you are allowed to eat in the classrooms then you could possibly apply it there. It’s all subjective that’s why we need to fight for stronger laws. Ask prior to class in both situations. If no, make arrangements to pump before so you don’t get engorgement.

  5. Marguerite Kelly says:

    As a law, the Breastfeedingin Public law that’s been in effect for over 10 is mostly lip service and that is why I said that unless a business/school/facility has a policy to protect and support breastfeeding then a mom has to succomb to what is acceptable wherever they are. This is why si many women are working towards change.

  6. Michelle says:

    I have questions regarding visitation. My son is 4 weeks old and his dad is trying to get him every other week, that is a long time to be away from the only food source. I can’t get enough pumping to supply a weeks worth of milk for him. I live in iowa, he lives in illinois.

    • admin says:

      Sorry, I am not able to answer any custody related questions here. I recommend you retain an experienced and sympathetic local family lawyer to represent you.

  7. I am a Family Law Attorney. Does anyone have a Amicus Brief for custody in support of breast feeding?????? The male judges I deal with do not have a clue. Help!!! FYI-I am a former member of LLL. I personaly know the benefits, but I am not an expert witness.

    • admin says:

      I am not aware of such a brief. In my experience, unless a child has special medical needs, the benefits of breastfeeding will not decrease a father’s custody rights. Female judges are no more likely to have a clue about breastfeeding than male ones. And I know of no case holding that breastfeeding falls into the “best interest of the child” balance such that father will be denied custody rights.

      You can find IBCLCs and sometimes pediatricians willing to testify about the benefits of breastfeeding but it is generally of little value in the ultimate custody decision making.

  8. For clarification, I am looking for information that will not deny father’s custody rights, but for a schedule that is optimal and expert argument for it. Long extended periods of time rather than shorter and frequent visitation makes nursing difficult. The longer the infant is away the harder it is to keep up the milk. On top of this the stress of court does not help. Breast feeding should be in the “best interest of a child” as it fits into the health and welfare category of the best interest test.

    • admin says:

      I understand. However, that is very rarely a successful argument in a well child. The judicial assumption is that the “best interest of the child” is assumed to be equal access to both parents.

      • Marguerite Kelly says:

        Have you checked with LLL of your State? LLL has a desinated person to help.

        • Jake Marcus says:

          Sorry Marguerite, LLL doe NOT have a person in every state designated to help with legal/custody questions. It is explicitly NOT something LLL gets involved with. There are some very helpful articles concerning negotiating custody solutions on by the late Liz Baldwin and a more recent (but still outdated) piece by Melissa Vance. However, judges want to hear why *this* child will benefit.

          I should mention that I have handled many of these cases. My greatest successes are always in those disputes where I can shift attention *away* from breastfeeding and focus on the particular needs of *this* child in *this* situation. And, nearly always, the best results are reached by negotiation and mom’s willingness to assume most of the burden. For example, mom comes to dad’s house for frequent feeds and leaves. The less the court perceives this as burden on dad, the more likely it will be granted.

  9. Marguerite Kelly says:

    Jake, sounds like you may be the best resource for Brenda. I am so glad that parent’s have people like yourselves to help them.

    • admin says:

      I spent a lot of years as a Leader. I know how difficult it is for Leaders to feel so helpless in these situations. But what Leaders *can* do is provide supply advice and support – regardless of the outcome, the stress of custody disputes can cause significant supply problems. It truly is heartbreaking. :(

  10. Patrice says:

    I am an elementary school teacher in the state of Virginia ,due to have my first child in December. Due to scheduling and the I am concerned that I won’ t be given a break to pump outside of planning time. What really concerns me about this is that I know other teachers have been allowed this time. Am entitled to this pumping time

    • admin says:

      Please look at the Virginia page. Unless you have a union contract, I am not aware of you having any special rights to a break. But, as always, checking with a lawyer in your state is best.

  11. chris says:

    What are the laws and rights for breastfeeding in Oregon minimum level prisons during visits with the babies father. I can’t seem to find an answer anywhere.

  12. Melissa says:

    Hi! I’m a first time mom here and just returned back to school. I’m EBF my 9 month old who just started daycare. I live in North Carolina and my question pertains to expressing milk on a college campus. I’ve been going to my car to do this and quite honestly its wicked hot out there, even in the a/c. I know that its required in NC for employees to be provided an area designated for milk expressing but what about students? Any idea if I can make my life a little bit easier here?

    • admin says:

      Unfortunately no law protects or creates pumping rights for students. Not in any state. However, on a campus by campus basis, students and professors have formed coalitions to lobby administration to create pump rooms. I would suggest you look for other breastfeeding students, faculty and staff and see what you can create.

  13. Cathryne says:

    Does the state of Colorado have breastfeeding laws? I am a nursing mother in Fort Collins, Co and I’m just curious to know if they do or don’t.

  14. Erin says:

    I’m currently pregnant and planning to breast feed and then pump once I come back to work. I work in VA and my boss has told me she doesnt have a place for me to pump and doesnt think it will work out with my company. We have less then 50 people in the whole company and only 10 including myself in the office. She also told me that my job (which is a receptionist) is to be at my desk at all times (except for lunch break that is assigned to me). Is this legal for her to do this and also to make me choose between my job and wanting to breast feed my child?

  15. Rachel says:

    Indiana, more than 50 employees
    Asked to pump in the shower stall of a locker room / bathroom (sinks and mirrors are on a wall in the middle separating the shower stalls and toilet stalls – but all one big room, no doors separating areas). Is this considered a legal pumping area?

    Until recently, there was also no flat surface, and nothing to block from general view – but those two issues have been addressed with a small table and a long curtain. Still uncomfortable as a shower stall doesn’t feel any more sanitary than a bathroom stall – shower is still available for normal use when no one is pumping.