Public Breastfeeding Law
17-15-25. Right to breast feed.
The county legislative body may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.
[NOTE: This creates no state law. It merely forbids counties creating ordinances forbidding public breastfeeding.]
Offenses Against Public Health, Safety, Welfare, and Morals
Breast feeding is not violation of this part.
76-10-1229.5. Breast feeding is not violation of this part.
A woman’s breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a violation of this part, irrespective of whether or not the breast is covered during or incidental to feeding.
[Exempts breastfeeding from criminal indecency law]
Workplace Pumping Law
34-49-202. Reasonable breaks and private room required.
(a) A public employer shall:
(i) provide for at least one year after the birth of a public employee’s child reasonable breaks for each time the public employee needs to breast feed or express milk; and
(ii) consult with the public employee to determine the frequency and duration of the breaks.
(b) A break required under Subsection (1)(a) shall, to the extent possible, run concurrent with any other break period otherwise provided to the public employee.
(a) A public employer shall provide for a public employee a room or other location in close proximity to the public employee’s work area.
(b) The room described in Subsection (2)(a):
(i) may not be a bathroom or toilet stall; and
(A) be maintained in a clean and sanitary condition;
(B) provide privacy shielded from the view of and intrusion from coworkers or the public;
(C) be available at the times and for a duration required by the public employee as determined in consultation with the public employee under Subsection (1)(a)(ii); and
(D) have an electrical outlet.
(i) Notwithstanding Subsection (2)(a), an employer is not required to comply with the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship on the operations of the employer.
(ii) For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would cause the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s operations.
(3) A public employer shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the public employee’s breast milk.
A public employer shall adopt written policies that:
(1) support breastfeeding; and
(2) identify the means by which the public employer will comply with Section 34-49-202.
Enacted by Chapter 156, 2015 General Session
34-49-204. Discrimination prohibited.
A public employer may not refuse to hire, promote, discharge, demote, or terminate a person, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because the person breastfeeds or expresses milk in the workplace.