Wisconsin Breastfeeding Laws

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In Wisconsin, mothers have the right to breastfeed in any public or private 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 Wisconsin state laws supporting mothers at work beyond this.

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We’ve awarded Wisconsin two drops on our scale.

 

WI Breastfeeding Laws: In Public

Wisconsin state law protects a mother’s right to breastfeed in public. Read the law: 2009 Wis. Laws, Act 148

 

WI Breastfeeding Laws: At Work

Unfortunately, Wisconsin doesn’t have any state legislation to protect and support breastfeeding mothers in the workplace. But mothers in Wisconsin are protected by the Fair Labor Standards Act (FLSA) if they are a non-exempt (hourly) employee working at a company with 50 or more employees. 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.

 

WI Law Breastfeeding-Positive Municipalities

Dane County

Dane County, the home of the state capital, Madison, and the second largest county in Wisconsin sets itself apart from other Wisconsin counties.  In 2014 they passed a resolution requiring every county-owned building to provide a space (other than a bathroom) for pumping. Read the law: Resolution Providing Lactation Rooms

Wisconsin Breastfeeding FYI

Breastfeeding mothers in Wisconsin are exempt 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.