Wisconsin Breastfeeding Law

BREASTFEEDING IS NOT INDECENT EXPOSURE
1995 Wisconsin Act 165 
 
Under current law, there are various prohibitions against lewd behavior or 
sexual gratification in public. This bill specifies that those prohibitions do not apply 
to a mother's breast-feeding of her child.


NURSING IN PUBLIC
2009 Wis. Laws, Act 148
provides that a mother may breastfeed her child in any public or private location where the mother and child are otherwise authorized to be. The law specifies that in such a location, no person may prohibit a mother from breastfeeding her child, direct a mother to move to a different location to breastfeed her child, direct a mother to cover her child or breast while breastfeeding, or otherwise restrict a mother from breastfeeding her child.

Prohibiting a mother from breastfeeding can result in a general penalty provision provided under this law of a fine not greater than $200.

Breastfeeding in public is legal in all states in the U.S. (Idaho does not legally protect that right.)


WORKPLACE PUMPING RIGHTS (Not yet passed into law)

2017 AB 193/SB 147 - AN ACT to create 103.12, 106.54 (11) and 111.91 (2) (gp) of the statutes; relating to: requiring an employer to provide reasonable break time for an employee who is breast−feeding her child to express breast milk for the child.

This proposal was introduced by Rep. Lisa Subeck and co-sponsored by Rep. Joan Ballweg and Sen. Julie Lassa.  The bill, if passed into law, will help to ensure that both salaried and waged employees the right to unpaid break time to breastfeed or express their milk and that eligibility for employer-sponsored health insurance is maintained.

Federal Breastfeeding Law

Break Time for Nursing Mothers Act
The Patient Protection and Affordable Care Act (“Affordable Care Act”) amended 
section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk. Employers are also required to provide 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. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. The Wage and Hour Fact Sheet #73 “Break Time for Nursing Mothers under the FLSA” and the Frequently Asked Questions (FAQs) posted below provide basic information about the law. 

Frequently Asked Questions about this law: https://www.dol.gov/whd/nursingmothers/faqBTNM.htm

The Business Case for Breastfeeding Toolkit for managers

The Business Case for Breastfeeding: Employees Guide

  • How to talk to your supervisor about the need to pump
  • Finding a pumping space
Time and space solutions for pumping at your place of employment

Industry Solutions - creative ideas for different industries (retail, education, construction, etc.)



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