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

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

TENNESSEE

Tennessee has two pieces of breastfeeding legislation: one addressing breastfeeding in the workplace, and the other addressing breastfeeding in public. Unfortunately, the breastfeeding in public law only applies to infants under 12 months of age, and leaves open the possibility that a mother breastfeeding a child past the age of 12 months will be charged with the crime of indecent exposure.

Chap. No. 617 (2006), HB 3582

§68-58-101.
A mother has a right to breastfeed her child who is twelve (12) months of age or younger in any location, public or private, where the mother and child are otherwise authorized to be present.

§68-58-102.
The act of breastfeeding shall not be considered:
(1) Public indecency as defined in §39-13-511; or
(2) Nudity, obscene, or sexual conduct as defined in §39-17-901.

§68-58-103.
A unit of local government shall not prohibit breastfeeding in public by local ordinance.

Tennessee Code Annotated, Section 39-13-511 (editor's note -- public indecency law), is amended by adding the following language as a new, appropriately designated subsection:
(c) The provisions of this section do not apply to a mother who is breastfeeding her child who is twelve (12) months of age or younger in any location, public or private.

Tenn. Code Ann. § 50-1-305
1999 Tn. ALS 161; 1999 Tenn. Pub. Acts 161; 1999 Tn. Pub. Ch. 161; 1999 Tn. SB 1856

(a) An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer shall not be required to provide break time under this section if to do so would unduly disrupt the operations of the employer.
(b) The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express her breast milk in privacy. The employer shall be held harmless if reasonable effort has been made to comply with this subsection.
(c) For the purposes of this section, "employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions.

Last updated 10/15/06 by jlm.

Page last edited Sun Oct 14 09:33:18 UTC 2007.