North Dakota

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. The federal FLSA’s PUMP for Nursing Mothers Act protects all breastfeeding employees, but there are no North Dakota state lactation accommodation laws beyond this.

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

ND Breastfeeding Laws: In Public

Mothers have the right to breastfeed in any public or private location. Read the law: N.D. Cent. Code § 23-12-16) see page 21. Note: The law was amended in January 2021 to remove the words “in a discreet and modest manner.” Read the law: HB 1105

ND Breastfeeding Laws: At Work

Unfortunately, North Dakota doesn’t have any state legislation to protect and support breastfeeding mothers in the workplace. But all breastfeeding employees in North Dakota are protected by the federal FLSA’s PUMP for Nursing Mothers Act. Under this federal mandate, breastfeeding employees are entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year.

ND Breastfeeding Information + Resource

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

The North Dakota Breastfeeding Coalition supports breastfeeding efforts across the state. Visit here.

Visit the U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.

Breastfeeding Law Rating Key

One drop: There is no state-level workplace lactation legislation beyond the PUMP Act.

Two drops: State law exceeds the PUMP Act in one of the following ways: 1) Lower threshold for employer exemption; 2) Workplace protections beyond one year; 3) Requirements for lactation spaces (e.g. electrical outlets); 4) Protections for specific populations other than employees (e.g. students).

Three drops: State law exceeds the PUMP Act in at least two of the following ways: 1) Lower threshold for employer exemption; 2) workplace protections beyond one year; 3) requirements for lactation spaces (e.g. electrical outlets); 4) protections for specific populations other than employees (e.g. students).

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.