Texas Breastfeeding Laws
In Texas, mothers have the right to breastfeed in any public or private location, as long as they are legally allowed to be there. Public employers in Texas are required by law to provide lactation accommodations to public breastfeeding employees. In addition, the breastfeeding-positive municipalities of San Antonio and Sunset Valley provide workplace lactation policies that exceed the federal Fair Labor Standards Act (FLSA) by extending protections to all municipal employees (not just hourly).
We’ve awarded Texas two drops on our scale.
TX Breastfeeding Laws: In Public
In 1995 Texas passed a law allowing women the right to breastfeed anywhere in the state. Read the law here: Tex. Health Code Ann. § 165.002 (1995)
TX Breastfeeding Laws: At Work
The Texas Department of Health is required to provide recommendations that support workplace breastfeeding rights. In addition, they keep a record of businesses that have been designated “mother-friendly” (have a lactation policy, allow for flexibility, a private place to pump). But only public employers are required by law to provide lactation accommodations to public employees. Read the law: HB 786. All other working mothers in Texas 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.
TX Breastfeeding-Positive Municipalities
Sunset Valley Breastfeeding Laws
The City of Sunset Valley Mother Friendly Workplace Policy, like the FLSA, requires the city to provide breastfeeding city employees with a private space (other than a bathroom) to pump. Sunset Valley’s policy goes beyond federal requirements, however, by defining quality standards for the lactation space: a locking door, an electrical outlet, a clean work surface, a comfortable chair, and access to a sink. Read the law: Ordinance, Section 9.15
San Antonio Breastfeeding Laws
The city of San Antonio is the second largest city in Texas and the home of the Alamo. Their workplace policy applies to all breastfeeding public employees, from part-time interns to full-time employee, and mandates that accessible, adequate, and private facilities (other than a bathroom) be available to pump at work. The city also provides hospital grade pumps to borrow in city lactations rooms and office spaces. Read the law: Administrative Workplace Directive 4.15
Now that you know the law, what next?
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Mamava Breastfeeding Laws key
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.
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).
State law protects all working breastfeeding moms (not just hourly) and exceeds the federal FLSA law.
State law protects all working breastfeeding mothers AND additional state legislation protects specific populations OR mandates lactation accommodations for specific locations.
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.