Breastfeeding laws vary by area, with some providing protection from criminal charges, while others proclaim public nursing as a right. Workplace-specific breastfeeding laws also exist, requiring employers to allow unpaid time for mothers to express breast milk in a private location.
As more women choose to breastfeed their babies whenever the baby is hungry rather than at set times, public breastfeeding has become more common. The appropriateness of public breastfeeding is hotly debated, leading many localities to pass laws on the subject. Basic breastfeeding laws vary by area, but typically there will be no breastfeeding laws, protection only from criminal charges, or the right to breastfeed in any location where the mother is licensed to to stay. Some localities also have workplace-related breastfeeding laws.
An area may not have breastfeeding laws if the population does not deem them necessary. This may be the case in areas where breastfeeding is the primary method of feeding babies, as people likely view breastfeeding as a natural and necessary action. Areas where public nudity isn’t an issue probably won’t even find a need for breastfeeding laws, since exposed breasts can be a common sight and not a cause for concern or legislation.
In places where exposure to the breast could lead to a woman being charged with indecency, public lewdness, or other nudity-related charges, lawmakers may choose to pass legislation that excludes breastfeeding from these crimes. Breastfeeding laws of this nature only serve to protect nursing mothers from criminal charges related to the exposure of their breasts. Consequently, women in these areas do not necessarily have the right to breastfeed in public.
Other areas not only exclude exposure for the purpose of breastfeeding from criminal charges, but also proclaim public nursing as a right. Women in these areas can legally breastfeed their children in any public or private place where they are permitted to be present. In some areas, these breastfeeding laws are being expanded to not only allow public breastfeeding, but also to prohibit others from interfering with the nursing process. Outlawed interference generally includes asking a woman to leave the premises because she is breastfeeding her child.
Because many breastfeeding mothers want to continue breastfeeding their children after they return to work, some areas have workplace-specific breastfeeding laws. Most require employers to allow a reasonable amount of unpaid time for mothers to express breast milk in a private location other than a bathroom, close to their workstations. Some job-related breastfeeding laws also prohibit employers from discriminating against employees who request pumping time and from refusing to hire applicants based solely on their anticipated pumping needs.
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