Current Legislation

Unknown to many breastfeeding mothers, there are Federal and Nevada laws in place which protect a mother’s right to breastfeed her children in public – covered or otherwise.

Nevada State Law

Nevada Law on Breastfeeding in Public

AB 113 

Requires certain employers to make certain accommodations for a nursing mother.

AN ACT relating to public health; requiring certain employers to provide reasonable break times and a place for an employee who is a nursing mother to express breast milk; prohibiting an employer from retaliating against an employee for certain actions relating to this requirement; authorizing a public employee who is aggrieved by an employer’s failure to comply with this requirement or for retaliation by the employer to file a complaint; requiring the Local Government Employee-Management Relations Board to provide for an expedited review of such complaints by local government employees; exempting certain small employers and contractors from this requirement; authorizing the Labor Commissioner to enforce the requirement against a private employer; providing a penalty; and providing other matters properly relating thereto.

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(Signed into law June 1, 2017)

NRS 201.232

Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.

(Added to Nevada Revised Statutes by 1995, 126)

Federal Legislation

Health Care Reform Boosts Support for Employed Breastfeeding Mothers

 

SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.

Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:

(1) An employer shall provide—(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and (B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.

(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship bycausing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.

(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.

With the inclusion of this provision in health care reform legislation, the U.S. joins the rest of the industrialized world in recognizing breastfeeding as the natural outcome of pregnancy, and workplace lactation programs as the natural outcome of a society where the majority of mothers and infants are separated due to work.