50-19-501. A nursing mother and infant protection. (1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother’s child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother’s breast is covered during or incidental to the breastfeeding.
(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.
(3) The act of breastfeeding may not be considered:
(a) a nuisance as provided in Title 27, chapter 30;
(b) indecent exposure as provided for in 45-5-504;
(c) sexual conduct as defined in 45-5-625; or
(d) obscenity as provided for in 45-8-201.
History: En. Sec. 1, Ch. 299, L. 1999; amd. Sec. 2, Ch. 29, L. 2007.
Enforcement Provision
None
Workplace Pumping Law
39-2-215. Public employer policy on support of women and breastfeeding — unlawful discrimination. (1) All state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. The policy must state that employers shall support and encourage the practice of breastfeeding, accommodate the breastfeeding-related needs of employees, and ensure that employees are provided with adequate facilities for breastfeeding or the expression of milk for their children. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee, including the provision of basic necessities of privacy, lighting, and electricity for the pump apparatus. Space does not need to be fully enclosed or permanent but must be readily available during the term that the employee needs the space.
(2) It is an unlawful discriminatory practice for any public employer:
(a) to refuse to hire or employ or to bar or to discharge from employment an employee who expresses milk in the workplace; or
(b) to discriminate against an employee who expresses milk in the workplace in compensation or in terms, conditions, or privileges of employment unless based upon a bona fide occupational qualification.
History: En. Sec. 1, Ch. 290, L. 2007.
[NOTE: Applies to public employees only. No workplace pumping law for private employees/employers.]Enforcement Provision
None
