North Dakota Breastfeeding Laws

 

In North Dakota, mothers have the right to breastfeed in any public or private location, as long as they are legally allowed to be there. North Dakota doesn’t have any state laws supporting mothers at work beyond the federal Fair Labor Standards Act (FLSA) that offers some protection for breastfeeding mothers.

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We’ve awarded North Dakota one drop on our scale.

 

ND Breastfeeding Laws: In Public

Mothers have the right to “discreetly” breastfeed in any public or private location. Read the law: N.D. Cent. Code § 23-12-16) see page 21.

 

ND Breastfeeding Laws: At Work

Unfortunately, North Dakota doesn’t have any state legislation to protect and support breastfeeding mothers in the workplace. But mothers in North Dakota are protected by the Fair Labor Standards Act (FLSA) if they are a non-exempt (hourly) employee. Under this federal legislation, breastfeeding mothers are entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year following their child’s birth.

ND Breastfeeding FYI

Breastfeeding mothers in North Dakota are exempt from public indecency laws.

Note: Mamava’s goal is to provide the most up-to-date legislative information available. But federal, state, and municipal laws are constantly evolving—which is a good thing! So if we’ve missed something, we appreciate any additions or corrections. Contact us at [email protected]

Now that you know the law, what next?

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Mamava Breastfeeding Laws key

One drop

State law protects breastfeeding in public (now true of all states). There are no state-level workplace breastfeeding laws. Breastfeeding mothers, who are paid hourly, are covered by the federal FLSA. Not the breast-case scenario.

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Two drops

State law provides workplace breastfeeding rights for specific employee sectors (e.g., city employees) OR mandates lactation accommodations for specific locations (e.g., airports, municipal buildings).

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Three drops

State law protects all working breastfeeding moms (not just hourly) and exceeds the federal FLSA law.

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Four drops

State law protects all working breastfeeding mothers AND additional state legislation protects specific populations OR mandates lactation accommodations for specific locations.

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Five drops

The gold standard. State law protects all working breastfeeding mothers, identifies standards for lactation spaces (e.g., access to a refrigerator), AND additional state legislation protects specific populations AND mandates lactation accommodations for specific locations.