Public Breastfeeding Law

25-6-302. Breastfeeding. A mother may breastfeed in any place she has a right to be.

Enforcement Provision


Workplace Pumping Law

8-13.5-104. Right of nursing mothers to express breast milk in workplace – private location – discrimination prohibited.

(1) An employer shall provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child’s birth.

(2) The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy.

(3) An employer that makes reasonable efforts to accommodate an employee who chooses to express breast milk in the workplace shall be deemed to be in compliance with the requirements of this section.

(4) The department of labor and employment shall provide, on its web site, information and links to other web sites where employers can access information regarding methods to accommodate nursing mothers in the workplace. The department shall consult with appropriate organizations or associations to determine the appropriate information and web site links to provide on the department’s web site so as to provide employers with the most accurate and useful information available.


8-13.5-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) “Employer” means a person engaged in business who has one or more employees. “Employer” includes the state and any political subdivision of the state.

(2) “Reasonable efforts” means any effort that would not impose an undue hardship on the operation of the employer’s business.

(3) “Undue hardship” means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, the financial resources of the business, or the nature and structure of its operation, including consideration of the special circumstances of public safety.

Source: L. 2008: Entire article added, p. 329, ยง 1, effective August 5.

Enforcement Provision

(5) Before an employee may seek litigation for a violation of this section, there shall be nonbinding mediation between the employer and the employee.

31 Responses to “Colorado”

  1. Erin says:

    Ok, I just want to make sure I’m understanding this correctly.

    So, while even though I’m “allowed” to breastfeed basically anywhere I “have a right to be”, if I happen to be in a restaurant and am discreetly breastfeeding my son and get kicked out of that establishment FOR breastfeeding, because there’s no enforcement provision, there’s nothing I could do?

    Again, I just want to make sure I read and am understanding the law within my state.

    By the way, thank you for creating this site! Its been very helpful!!

    • admin says:

      You would not be be removed for breastfeeding. Your “right to be there” is as an invitee. If the owner converts you to a trespasser by withdrawing your invitation to be in the space, you risk arrest or removal for trespass.

  2. Kryss says:

    So basically, all a place would have to do is say you’re trespassing and you’re still screwed. So you still can’t breastfeed if someone is prejudiced against it and wants to kick you out? Still sounds like being removed for breastfeeding to me.

    • admin says:

      Yeah, basically that is how it works. Unless the law is written to expressly forbid breastfeeding discrimination. And has an enforcement provision.

  3. Kyra says:

    I have a question on if they legally can tell you wither you can or cannot breast feed in the state of Colorado. I have bipolar disorder, and I have found that cannabis as worked in my situation for my condition. I have been told by O.B. doctor that I will not be able to breast feed if I continue. Is this true? Because I want to breast feed my child, that is something I was really looking forward to do. And the only other option is bipolar medications which are way worse for the baby then cannabis, or not taking any medication with bipolar is extremely not recommended. Thank you for helping me out.

  4. Anon says:

    I work for a county department (our office has 12 employees). The county employs well over 50+. My direct supervisor and boss have put me into a position where I have been forced to pump in front of other employees (male and female) and in view of the public. Normally another employee covers my work station (it cannot be unmanned) but there has now been several times that I couldn’t get coverage even though another employee was technically available. I have been told I knew we would be “busy” at times and I couldn’t be relieved and I either have to deal with it (the painful engorgement) or use a cover and pump in my office (which is completely open to everyone). I work a 12 hour shift, use my 30 minute lunch break to go home and breast feed my baby and use my two other 15 minute breaks to pump. Is this possibly a violation of my rights? There may be more discrimination involved with this employer.

    • admin says:

      If you believe you have been discriminated against, contact the Colorado Department of Labor concerning where to file a complaint under this workplace pumping law.

  5. Nix says:

    Are there any Colorado laws regarding providing students with a place and time to pump while at school? Or where could I find out?

    • admin says:

      I am not aware of any law in any state creating or protecting a right to pump for school students. A much needed area for legislation and policy.

  6. Amanda says:

    What constitutes “reasonable time” to express breastmilk? If baby is going through a growth spurt or feeding frenzy, does the employer need to provide increased time so the mother can accommodate that?

  7. Jamie says:

    Breastfeeding anywhere you ate allowed to be. Does this mean covered or uncovered?

  8. Mitchell says:

    I work in a small office with less than 10 employees. I have requested a pump break midmorning since I work six hours straight with no break but my employer doesn’t want to accommodate me. Do I have any rights?
    Thank You

    • admin says:

      Read the Colorado workplace pumping law above. There is no minimum number of employees in order to be covered.

  9. JME says:

    Is there any protection for breastfeeding mother’s who are laid off? I was pumping during my two paid 15 minute breaks and have had only good reviews and relationships at my workplace. I was recently the only one laid off with no explanations. I was also asked to sign a waiver basically saying that I wouldn’t sue them, in order to receive my severance pay.

    Thank you for your assistance.

    • admin says:

      You may have an unlawful discharge claim but you would need to speak with an employment lawyer about the specific circumstances in your case in order to know.

  10. breeann says:

    I have a question about breastfeeding any where I am allowed. Dose this mean if an employee from a restaurant or store askes me to leave or cover up that I have to leave or dose it have to be the owner that tells me I have to leave?

  11. Johanna says:

    Is it legal for a daycare to enforce a no breast feeding policy? My child recently began attending a school that allows mothers to stop by and nurse in the infant room, but expressly prohibits mothers from breast feeding in the toddler room (18 months and up).

    • admin says:

      Depends. Is it private? Does it receive state or federal funds? The situation you describe is very common.

      • Johanna says:

        The school is not federally funded. Is that the determining factor to be protected under the statute 25-6-302? A child care facility I pay tuition to, is certainly a place I “have a right to be”. It seems that the workplace statutes protect the breastfeeding relationship up until 2 years old, which is longer than the aforementioned 18 month cut off the school imposes.

        • Jake Marcus says:

          Ok, a couple of points. Colorado has no enforcement provision for its public breastfeeding law so even if the daycare is considered a public accommodation under Colorado law, there is no remedy for you if your right is violated. To whom do you complain? Where do you report the day care center? How do you make them comply with the law?

          Second, don’t confuse workplace law with public accommodations law. They are entirely separate. You are not an employee of the daycare so that law does not apply to you.

  12. It seems to me that if the student is a graduate student working under an assistantship that should be accounted for under this law as well. As for the commenter above who inquired for students, if it is in middle or high school I agree there should be a legislation that allows for that as well. A woman who is able to have a baby is still a woman, regardless of age. Younger mothers need to have provisions as well.

    • admin says:

      Agreed that all these people should have protection. However they do not. Graduate teaching assistants are not employees, they are students, and no state or federal law currently provides breastfeeding protections to students of any age.

  13. Jolene says:

    I was terminated because I could not travel overnight extensively while breastfeeding my child. Is this legal in Colorado? Is there any case law that could help me?

    • admin says:

      It is best to check with a Colorado employment lawyer. As long as you were given the opportunity to pump while traveling, it is unlikely that Colorado’s workplace pumping law will be deemed violated.

  14. Noe says:

    Hello, so above it says I can breastfeed legally anywhere I have the right to be. Well I was feeding my son at the grocery store and a couple of the cashiers were harassing me about feeding my son in public, stating “it was disgusting and inapropriate” and that I shouldn’t be allowed to do that and that someone should get a manager. I was just wondering if there was anything I can do about this.

    • admin says:

      Call a manager. Inform the manager of the technically unlawful conduct of the cashiers. If management does nothing, consider going public. Unfortunately Colorado has no enforcement mechanism for its public breastfeeding law so there is no legal complaint I am aware of. But management should always be informed of misbehavior by employees

  15. Heather says:

    Can an establishment (i.e. a church, restaurant, library, etc.) create and enforce a policy that requires mothers to cover up while nursing or requires them to nurse in a specific location on the premises?

    If an establishment does this, is this considered discrimination?