West Virginia

In West Virginia, mothers have the right to breastfeed in any public location, as long as they are legally allowed to be there. The federal FLSA’s PUMP Act provides workplace lactation accommodation protections for all breastfeeding employees, but West Virginia has no additional state-level lactation laws.

We’ve awarded West Virginia one drop on our scale.

WV Breastfeeding Laws: In Public

West Virginia state law protects a mother’s right to breastfeed in public. Read the law: 2014 W.Va. Acts, Chap. 72014 W.Va. Acts, Chap. 73

WV Breastfeeding Laws: At Work

Unfortunately, West Virginia doesn’t have any state legislation to protect and support breastfeeding in the workplace. But all breastfeeding employees in West Virginia 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.

WV Breastfeeding Information + Resources

The West Virginia Breastfeeding Alliance’s mission is to “improve the health of West Virginians by working collaboratively to protect, promote, and educate our community about breastfeeding.” 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.