Virginia

Virginia is a breastfeeding-positive state thanks to state laws that provide workplace lactation protections. In addition to the federal FLSA’s PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, Virginia law provides additional levels of support.

We’ve awarded Virginia three drops on our scale.

VA Breastfeeding Laws: In Public

Mothers in Virginia have the right to breastfeed in public. Read the law: Va. Code § 2.2-1147.1 (2002, 2015)

VA Breastfeeding Laws: At Work

All breastfeeding employees in Virginia are protected by the federal FLSA’s PUMP for Nursing Mothers Act and entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year. But Virginia also has a few workplace lactation accommodation laws. As of 2020, Virginia employers with five or more employees can’t discriminate on the “basis of pregnancy, childbirth or related medical conditions, including lactation.” Which means that employers cannot refuse “reasonable accommodations” of break time and a lactation space (that’s not a bathroom) for breastfeeding employees to pump at work.

Virginia law also protects breastfeeding teachers and students by directing all school boards to provide “breaks of reasonable length” and a private space (other than a bathroom) to pump at school for up to one year. Read the laws: House Bill 827/Senate Bill 712 and Va. Code § 22.1-79.6 (2014).

VA Breastfeeding Information + Resources

Breastfeeding mothers are exempt from public indecency laws, and jury duty upon request (with the proper documentation).

The Virginia Breastfeeding Coalition’s mission is to normalize breastfeeding and support healthy families. Visit here.

Visit 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.