A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

MONTANA

Montana has a law addressing breastfeeding in public which (1) exempts it from criminal statutes and (2) states that a mother has a right to breastfeeding in public. Additionally, in 2007, a law providing that certain public employers must have policies regarding breastfeeding, and shall make reasonable efforts to provide space for employees to express breastmilk. Additionally, the law provides that such public employers may not discriminate against employees who express breastmilke. Note, that only public employers, not private ones are covered.

39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination. (1) All state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. The policy must state that employers shall support and encourage the practice of breastfeeding, accommodate the breastfeeding-related needs of employees, and ensure that employees are provided with adequate facilities for breastfeeding or the expression of milk for their children. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee, including the provision of basic necessities of privacy, lighting, and electricity for the pump apparatus. The space does not need to be fully enclosed or permanent, but must be readily available during the term that the employee needs the space.

(2) It is an unlawful discriminatory practice for any public employer:

(a) to refuse to hire or employ or to bar or to discharge from employment an employee who expresses milk in the workplace; or

(b) to discriminate against an employee who expresses milk in the workplace in compensation or in terms, conditions, or privileges of employment unless based upon a bona fide occupational qualification.

39-2-216. Private place for nursing mothers. (1) All state and county governments, municipalities, and school districts and the university system shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express the employee's breast milk as provided in 39-2-215.

(2) All public employers are encouraged to establish policies to allow mothers who wish to continue to breastfeed after returning to work to have privacy in order to express milk and to provide facilities for milk storage.

History: En. Sec. 2, Ch. 290, L. 2007.

Mont. Code Anno., § 50-19-501
1999 Mt. ALS 299; 1999 Mt. Laws 299; 1999 Mt. Ch. 299; 1999 Mt. SB 398

Nursing mother and infant protection.
(1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother's child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.
(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.
(3) The act of breastfeeding may not be considered
(a) a nuisance as provided in Title 27, chapter 30;
(b) indecent exposure as provided for in 455504;
(c) sexual conduct as defined in 455620(1)(f); or
(d) obscenity as provided for in 458201.

Last updated November 26, 2007 by jlm.

Page last edited Sun Oct 14 09:33:17 UTC 2007.