Pennsylvania Breastfeeding Laws

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Under Pennsylvania’s Freedom to Breastfeed Act, mothers have the right to breastfeed in any public location, as long as they are legally allowed to be there. The Fair Labor Standards Act (FLSA) offers some workplace protection for breastfeeding employees, but there are no Pennsylvania state laws supporting mothers at work beyond this.

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We’ve awarded Pennsylvania two drops on our scale.

 

PA Breastfeeding Laws: In Public

Mothers in Pennsylvania have the right to breastfeed in public. Read the law: Pa. Cons. Stat. tit. 35 § 636.1 et seq. (2007)

 

PA Breastfeeding Laws: At Work

Unfortunately, Pennsylvania doesn’t have any state legislation to protect and support breastfeeding mothers in the workplace. But mothers in Pennsylvania are protected by the Fair Labor Standards Act (FLSA) if they are a non-exempt (hourly) employee. Under this federal mandate, 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.

 

PA Laws: Breastfeeding-Positive Municipalities

Philadelphia

Despite the lack of laws at the state level, the city of Philadelphia Fair Practices Ordinance requires all city employers to provide breastfeeding employees with reasonable break time, and a private and sanitary space (other than a bathroom) to pump at work. Read the law: Philadelphia Code § 9-1103(m)

Pittsburgh

Thanks to a 2018 Executive Order by the Mayor, the City of Pittsburgh now requires city buildings to provide a lactation room for guests and employees. This only applies for the construction of new buildings, and buildings under renovation. Read the law: Lactation Room E.O.

PA Breastfeeding FYI

Pennsylvania state law exempts breastfeeding mothers from public indecency laws.

 

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.