Lactation Breaks: Idaho's Law And A Mother's Right

Lactation breaks are not stipulated in Idaho state law, but employees in the state are protected by the federal FLSA's PUMP for Nursing Mothers Act. This means that breastfeeding employees are entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year.

Idaho law and the right to breastfeed in public

Until 2018, Idaho was the only US state that did not support a mother's right to breastfeed in public. However, updated legislation has since granted mothers in Idaho the right to breastfeed in any public or private place they are allowed to be. This means that mothers in Idaho have the freedom to breastfeed wherever they choose, as long as they are legally permitted to be in that location.

The federal Fair Labor Standards Act (FLSA) includes the PUMP for Nursing Mothers Act (“PUMP Act”), which ensures that breastfeeding employees receive reasonable break time and a private space to pump breast milk at work. This federal mandate entitles breastfeeding employees to these accommodations for one year after their child's birth. The space provided must be separate from a bathroom, shielded from view, and free from intrusion by coworkers and the public. While Idaho does not have any additional state-level lactation laws, all breastfeeding employees in the state are protected by the federal FLSA and the PUMP Act.

Breastfeeding mothers in Idaho are also exempt from public indecency laws, as well as jury duty. These exemptions further support and protect a mother's right to breastfeed in public without legal repercussions.

The Idaho Breastfeeding Coalition is dedicated to facilitating a community and statewide landscape that protects, supports, and promotes breastfeeding. Their mission is to ensure that breastfeeding mothers in Idaho have the necessary resources and legal protections to nurse their children in public or private locations.

While Idaho has made significant progress in recognising the right to breastfeed in public, it is important to note that the state does not have any specific legislation to protect and support breastfeeding employees in the workplace beyond the federal mandates.

Workplace lactation accommodation protections

While Idaho does not have any additional state-level lactation laws, employees in the state are still protected by the federal mandate. This means that employers in Idaho are required to provide reasonable break time and a private space for breastfeeding employees to express milk, as outlined in the PUMP Act.

The PUMP Act was signed into law by President Biden on December 29, 2022, as part of the Consolidated Appropriations Act, 2023. This legislation expanded on the rights provided by the Fair Labor Standards Act (FLSA) and now includes a broader range of workers such as agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers.

It is important to note that these protections are in place to ensure that breastfeeding employees have the time and space needed to express milk during the workday. Employers are required to make reasonable accommodations for their employees, and employees should not be penalised for utilising these accommodations.

The PUMP Act and its impact on Idaho

Idaho has come a long way in terms of supporting a mother's right to breastfeed. Until 2018, it was the only state that didn't support breastfeeding in public. However, thanks to updated legislation, mothers in Idaho now have the right to breastfeed in any public or private place they are allowed to be. This includes the right to breastfeed at work, which is protected by the federal Fair Labor Standards Act (FLSA) and the PUMP for Nursing Mothers Act (PUMP Act).

The PUMP Act, signed into law by President Biden on December 29, 2022, as part of the Consolidated Appropriations Act, 2023, provides workplace lactation accommodation protections for all breastfeeding employees. Under this legislation, most nursing workers are entitled to reasonable break time and a private space, other than a bathroom, to pump at work for up to one year after their child's birth. This federal mandate ensures that breastfeeding employees have the time and space they need to express milk during the workday, without having to worry about intrusion from coworkers or the public.

While Idaho does not have any additional state-level lactation laws, the PUMP Act still has a significant impact on the state. It ensures that breastfeeding employees in Idaho, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers, are protected and supported in the workplace. This means that employers in Idaho must comply with the PUMP Act and provide their breastfeeding employees with the necessary accommodations.

The PUMP Act is a positive step towards supporting and normalizing breastfeeding in the United States. It ensures that breastfeeding employees in Idaho and across the country can balance their work and personal lives without having to choose between their careers and their children's health and nutrition. The Act promotes a culture of inclusivity and support for breastfeeding mothers, who can now feel more comfortable and accommodated in the workplace.

Breastfeeding employees' rights in Idaho

Workplace Lactation Accommodation Protections

The federal Fair Labor Standards Act (FLSA) provides workplace lactation accommodation protections for all breastfeeding employees in Idaho. Under the FLSA's PUMP for Nursing Mothers Act, employers are required to provide reasonable break time and a private space, other than a bathroom, for breastfeeding employees to express milk or pump at work. This protection extends for one year after the child's birth.

State-Level Lactation Laws

Idaho does not have any state-level legislation that specifically addresses and protects breastfeeding employees in the workplace. However, federal law, as outlined above, still applies and provides protections for these employees.

Breastfeeding in Public

In Idaho, mothers have the right to breastfeed in any public or private location as long as they are legally allowed to be present in that space. This right to breastfeed in public is protected by updated legislation, specifically House Bill No. 448.

Additional Exemptions

Breastfeeding mothers in Idaho are exempt from public indecency laws and jury duty.

Support and Resources

The Idaho Breastfeeding Coalition aims to "facilitate a community and statewide landscape that protects, supports, and promotes breastfeeding." The U.S. Breastfeeding Committee provides a list of state breastfeeding coalitions, including the Idaho Breastfeeding Coalition, which can be a valuable resource for breastfeeding mothers.

Idaho's stance on jury duty exemption for breastfeeding mothers

Idaho is one of the seventeen states in the US, along with Puerto Rico, that offer some type of jury duty exemption for breastfeeding mothers.

Idaho Code § 2-212 (2002) states that a person may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. In other words, a nursing mother in Idaho can be exempted from jury duty if she can prove that serving on a jury would cause undue hardship, extreme inconvenience, or public necessity, or if she can show that she is breastfeeding.

This law was amended in 2018 to include exemptions from indecent exposure and obscenity laws for breastfeeding mothers. Before this amendment, the only breastfeeding law in Idaho pertained to jury duty exemption.

While there is no federal legislation on the subject, several states have enacted laws to excuse or defer jury duty for breastfeeding mothers, either specifically or under "family-friendly" jury duty legislation. These laws vary in scope and are often interpreted and applied differently by individual courts.

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