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

Enforcement Provision

None

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.

Also:

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, § 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.

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