Public Breastfeeding Law

IC 16-35-6-1
Right to breastfeed
Sec. 1. Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.

Enforcement Provision


Workplace Pumping Law

IC 5-10-6-2
Paid breaks for expressing breast milk
Sec. 2. (a) The state and political subdivisions of the state shall provide reasonable paid break time each day to an employee who needs to express breast milk for the employee’s infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. The state and political subdivisions are not required to provide break time under this section if providing break time would unduly disrupt the operations of the state or political subdivisions.
(b) The state and political subdivisions of the state shall make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee described in subsection (a) can express the employee’s breast milk in privacy. The state and political subdivisions shall make reasonable efforts to provide a refrigerator or other cold storage space for keeping milk that has been expressed. The state or a political subdivision is not liable if the state or political subdivision makes a reasonable effort to comply with this subsection.
As added by P.L.13-2008, SEC.2.

[NOTE: Applies to state employees only, not private employees]


Sec. 1. As used in this chapter, “employer” means a person or entity that employs twenty-five (25) or more employees.
IC 22-2-14-2
Employer provide private location where employees can express milk; employer provide cold storage for expressed milk; employer not liable
Sec. 2. (a) To the extent reasonably possible, an employer shall provide a private location, other than a toilet stall, where an employee can express the employee’s breast milk in privacy during any period away from the employee’s assigned duties.
(b) To the extent reasonably possible, an employer shall:
(1) provide a refrigerator or other cold storage space for keeping milk that has been expressed; or
(2) allow the employee to provide the employee’s own portable cold storage device for keeping milk that has been expressed until the end of the employee’s work day.
(c) Except in cases of willful misconduct, gross negligence, or bad faith, an employer is not liable for any harm caused by or arising from either of the following that occur on the employer’s premises:
(1) The expressing of an employee’s breast milk.
(2) The storage of expressed milk.
As added by P.L.13-2008, SEC.4.

[NOTE: Applies to private employees]

Enforcement Provision

None apparent.

36 Responses to “Indiana”

  1. Jessica L says:

    I used to work for Walmart while EFBing my daughter, and I had to pump obviously while on shift. I thought I would have been able to pump while on breaks, but if anyone can manage to pump enough for even minor relief in 7 mins, you have my jealousy lol. Once I would get to the changing room (the only place Other then the restroom stall where there was NO outlet)(and that was after being harrassed by Asset protection once the first time- omg, did I embarrass that poor boy who was told I was trying to steal since I was in the stall too long lol), and get situated, it left me less then 3 mins to pump. This left my only other choice to pumping during lunch. If I chose to pump during lunch, I had to make due with the restroom, until at least I was able to work out a system with TLE’s female manager and borrow her office. Even then, I had maybe 15 mins to pump after slamming some food down in a hurry. It was attroicus, but its what I had to do, since I refused to formula feed my daughter, nor wean her before she chose to stop.

  2. Rebecca Berg says:

    I am currently writing a law review topic over lactation discrimination and the Pregnancy Discrimination Act. Your website is extremely helpful. Thank you for assembling it and keeping it up to date!

  3. Lynette says:

    I was just at the Indiana Museum of Art with my son and 4 month old daughter. Naturally, I was nursing my daughter. I was told by a security guard that “we ask that you go off to the side or corner to nurse.” ARE YOU SERIOUS! I quickly turned around and left. I felt so disheartened that in this day in age there are people who do not accept nursing as a natural part of life.

  4. Lynette says:

    Since it was a security guard I contacted the security manager to notify them of the situation. He said that there was probably a complaint from a patron. I know that security is usually a contracted company so I am contacting IMA in writing so they can look into the matter.

    • admin says:

      Hold their feet to the fire. IMA is ultimately responsible for the conduct of their security, regardless of whether it was outsourced.

      Good for you for fighting back and so sorry this happened to you.

  5. Cindy says:

    I am returning to work soon full time. I work in patient care and have to maintain a high productivity standard of seeing patients. Before I became pregnant, we had no breaks, paid or unpaid. Only lunch, which was unpaid. I am nervous as I return to work knowing I don’t have “breaks” at all in my schedule. As I read it above, state employees are entitled to paid breaks, but I work in a for profit company. What can I expect? I assume I’ll either be “unproductive” or have to clock out to pump, neither of which seems fair.

    • admin says:

      Sadly Indiana law does not provide for paid or unpaid pump breaks. Be sure to discuss this ahead of time with your employer so that you are at least assured you will not be fired for clocking out. Good luck.

  6. Danielle says:

    Section 2 states that, “Paid breaks for expressing breast milk
    Sec. 2. (a) The state and political subdivisions of the state shall provide reasonable paid break time each day to an employee who needs to express breast milk for the employee’s infant child. ”
    So, is that not true? I am a nursing momma and trying to find out my rights since returning to work. Thanks

  7. Erica says:

    I too will be returning to work soon. At 27 weeks Human Resources forced me to go on maternity leave stating they could no longer accommodate my weight restrictions. Which I found out is against the law. Now that I will be returning to work I am worried my employer will not grant me the time or the space I need to pump. Being that it is now a law if they don’t comply is it discrimination?

  8. admin says:

    Erica, sadly there is no law that will force an Indiana employer to accommodate workplace pumping. The state law itself applies only if you are employed by the state and has no enforcement provision.

  9. Kris says:

    What about federal law? The FLSA of 1938 was amended by Section 4207 of the 111th Congress (second session) Public Laws 111-148 and 111-152. It says that employers have to provide reasonable (though unpaid) breaks to nursing mothers to express milk, as many times as the mother needs to do it, for the first year. Employers who have 50 or more employees don’t have a choice; if they have less than 50 they might be able to argue that it creates hardship and be exempted.

    The federal law doesn’t specify a specific group of employees so it covers everyone.

    • admin says:

      Please see the federal law page. No enforcement provision so isn’t much help.

      Also, it does NOT apply to all employees. Only to hourly workers.

  10. M. says:

    What are the recommendations for what to DO if you are asked to leave, stop, etc. Because there is no enforcement provision- technically speaking, a privately owned establishment (or public, I guess, for that matter) can do as they please and has the right to ask you to leave the establishment. Of course, I think this is absurd but we are not a state that has any enforcement provision- so what should you do?

    • admin says:

      First, make sure the person asking you to leave has the authority to do so. For example in a restaurant, a waitress does not have the powers of the property owner. So make sure it is the owner or the person designated to act in place of the owner (manager). Then ask for a clarification of why you are being to asked to leave. Take names. Then leave peacefully and write a letter of complaint to the highest corporate authority (up the chain if it is not a mom & pop). If you do not get a satisfactory response, and you are up to the publicity, go public. Call the press, get on social media, tell your story.

  11. Kristin Miller says:

    Hello. Today at work I was told that my employer does not actually have to pay me for pumping breaks. But they are willing to pay for a 30 minute break twice a day. However, I produce a lot of milk and even with a double electric pump it takes me about 45 minutes. I have been back to work since the first of April. I have been allowed the one hour breaks up until today when HR said we have no coverage so we are not going to pay you for the full hour but we will allow a paid 30 minutes and I can clock out and be unpaid for the other 30 minutes. I believe this is legal for them to do, but my issue is that another employee who works with me has lactated in the past for at least an hour and was never unpaid or not given the time. And I have been allowed since April. I feel there is something that can be done since I have been able to do this and now all the sudden it is a problem. Can I do anything?

    • admin says:

      You are actually getting much more than you entitled to under the law. The only way you might have a suit on the basis of being treated differently from another employee is if the discrimination is based on an unlawful ground – like race. For example if white women are paid for an hour but black women are paid for the half hour, there is a civil rights violation. If the difference in your situations is only whim of the employer, there is likely nothing you can do.

      Perhaps negotiate your hours so you can come in extra time to make up for the time you are losing by clocking out.

  12. Wayne Wargel says:

    Is it illegal to breastfeed in Indiana when the mother is HIV positive?

    • admin says:

      No. Breastfeeding while HIV+ is not illegal anywhere in the US. However, there is a good bit of harassment and scare tactics used by healthcare providers. It is however important to understand all the health implications of breastfeeding while HIV+ so having a supportive and knowledgeable healthcare provider is very important. Many studies have found that exclusive (meaning no formula supplementation) breastfeeding reduces the risk of HIV transmission. It is a complicated medical issue but not one in which legal authorities have any place.

  13. Michelle says:

    In regards to the first portion of the breastfeeding law – does this mean wherever I am my infant who I am breastfeeding is allowed to be also? Example – outdoor concert for 21 and older?

    • admin says:

      No. Breastfeeding law does not grant a right to a breastfeeding child to be in places the child would not otherwise be allowed to go.

  14. Whitney says:

    I’m a receptionist at a public elementary school does this make me a state employee?

  15. Beth says:

    I’m currently nursing 10 month old twins and tried to attend a training to keep my foster care license. (Our foster daughter is 2.) We were told we would have to leave b/c there is a strict no child allowed policy; that I would have to take the class a different time and I needed to pump and leave them with a sitter and that I would I would NOT be allowed breaks to pump during the class which was a full day class 9-4, with an hour for lunch. Lunch would be the only time where I could pump even the my babies typically nurse every 2 hours. However, a few weeks before this we attended a training held by one of the lead DCS attorneys, and there was not a problem when we had the boys in class with us. Any insights on how the law fits in here?
    And do you have any idea on Indiana laws in regards to nursing an infant in the foster system that has been placed in your home?

  16. Crystal says:

    hello, I know some states have a cover up policy in their nursing law. does Indiana have any such policies?

    • admin says:

      It is either in the law or it isn’t. There is no “policy” other than the law as stated here.

  17. Heather says:

    So what do you do if your employer questions you about what you plan to do about pumping and how it will be difficult to do at work? Insinuating it is not a good idea. Advice given about formula being fine, then informed that the bathroom is the only place I can pump?

    • admin says:

      Unfortunately it appears Indiana law is of no help to you. :( Nonetheless, keep careful records of all negative comments and behavior. You may have a federal claim if you suffer any lost wages.

    • admin says:

      Read the page on this site on Indiana law and consider discussing the matter with an employment lawyer. You may have a discrimination suit unrelated to breastfeeding.

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