Breastfeeding/Bodyfeeding in Washington State

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  • Breastfeeding/Bodyfeeding in Washington State

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What will I learn from this memo?

This memo explains your rights about expressing milk or feeding your baby in public and in the workplace.

It also gives some basic information on working with your employer to create a plan for expressing milk at work, as well as tips and resources.

I don’t breastfeed my baby. Is this information for me?

Feeding a baby can take many forms. Community advocates are using the term “bodyfeeding” to include parents of all gender identities and expressions, and the many ways a baby can be fed close to the parent’s body.

Whether it’s from the breast, chest, bottle, tube, or other method best suited to the family, this information is for all parents who feed their babies milk.

Your Rights in Public Places

Can I Breastfeed/Bodyfeed in Public?

Yes. In Washington, you have the right to feed your baby in any public place. This includes restaurants, stores, parks, shopping malls, libraries, and all other public places.

Do I Have to Cover Up?

No. You have the right to uncover your breast/chest to feed your child or express milk. It is not considered “indecent exposure.” No one can make you stop feeding, cover yourself, move, or leave.

What If My Rights Are Violated?

If you are discriminated against for breastfeeding/bodyfeeding in public, you can file an official complaint and/or file a lawsuit.

Your Rights at Work

Can I Breastfeed/Bodyfeed or Express Milk at Work?

For most workers in Washington state, yes.

Most workers in Washington state have the legal right to take breaks to express milk or breastfeed/bodyfeed. Both state and federal law include this right. See “How Do I Know if My Employer Is Covered?” below.

What Rights Do These Laws Give Me?

These laws give you the right to:

  • a reasonable break each time you need to express milk or breastfeed/bodyfeed your child until your child is 2 years old, including a flexible schedule,
  • a clean and private place to take these breaks that is not a bathroom; and
  • other reasonable accommodations so that you can express and store milk, like a sink, electricity, and a space to safely store milk (like a refrigerator or insulated cooler bag).

You have these rights whether you are feeding your child or expressing milk to use later.

Note that your employer does not have to pay you for these extra breaks.

Important! Your employer cannot require you to take unpaid leave or switch to part-time if another reasonable accommodation would meet your lactation needs. Examples of a reasonable accommodations, depending on the job, are extra break time, adjusting shift start or end times, or temporary reassignment to an office-based role. Changes cannot negatively affect your pay rate.

Do I Need a Doctor’s Note?

No. You do not need to show your employer a doctor’s note to get breaks to feed your baby or express milk.

How Do I Know if My Employer Is Covered?

If your employer has fifteen or more employees, you have the right to take these breaks. (Note: In 2027, the Healthy Starts Act will expand to cover every employee in Washington state, regardless of employer size.)

If you work at an employer with fewer than fifteen employees, you might still have the legal right to take extra breaks to express milk. See the next question.

What If My Employer Has Less than 15 Employees?

(Note: In 2027, the Healthy Starts Act will expand to cover every employee in Washington state, regardless of employer size.)

There is a federal law called the PUMP Act. It gives you rights to pump or express milk at work.

The PUMP Act applies to most employers. Under the PUMP Act you have a right to a reasonable break each time that you need to express milk, until your child is 1 year old, and a clean and private place to take these breaks.

Even if your employer is not required to give you these breaks, it is worth trying to work out a plan that will support your baby-feeding goals. Read on for information about making a plan with your employer.

How Can I Prepare to Breastfeed at Work?

This section was prepared by our community partners at WithinReach.

Make a plan with your employer.

Before your baby is born, talk with your supervisor about a plan for expressing your milk during work hours. You can do this even if your workplace isn’t covered by the laws described above.

Here are some suggestions to help create this plan:​

  • Your employer may not know about the laws. Try to talk with your supervisor before returning to work about your breastfeeding/bodyfeeding goals. The laws are linked below. If your employer has questions, you can share the laws and government guidance documents with your employer. They have examples of the types of accommodations employers must provide.
  • Have ideas in mind before you talk to your supervisor. Explain how long it should take you to pump, how often you will need to pump, and how you will schedule this around your work duties. Emphasize that these needs are temporary. If you’re not sure what to expect and ask for, check out the resource listings under “Support” below.
  • Ask for a clean, comfortable, private location to pump. If your employer does not know what space would work, look around for a private, comfortable room with a door that locks from the inside, and suggest it. If a private room is not possible, there are other options for setting up a private place or your employer may have to adjust your schedule to allow you to go to a private place. Contact the La Leche League for help and ideas. See Resources below.
  • If your employer is supportive or hesitant, try to understand their concerns and offer solutions. Talk about the benefits of breastfeeding for your baby, yourself, and your employer. Share The Business Case for Breastfeeding and Returning to Work & Lactation Accommodations both listed in Resources below.
  • If you feel your employer is not giving you enough time or flexibility to express milk, talk with them about balancing your work and nursing needs. Could you shift your work times to make up for the pumping breaks? Be flexible, and remind them of your rights.
  • Depending on your needs and the needs of your employer, think about returning to work slowly, like starting part-time, trying job-sharing, or telecommuting–if that is your preference.
  • Important! Your employer cannot require you to take unpaid leave or switch to part-time if another reasonable accommodation (such as extra break time or temporarily moving you to an office-based role) would meet your lactation needs. Changes cannot negatively affect your pay rate.
  • If your employer still won’t make accommodations for you, you can file a complaint.

Some practical tips:

  • Make sure you have the equipment you need, like a pump to help you express milk, and contact your health insurance plan to ask about your breastfeeding benefits. Federal law requires most health insurance plans to provide breastfeeding pumps and other equipment and counseling, often at no cost. See “Insurance rights” listed under The Law in the Resources section below.
  • Visit the room that you will use to express milk. If you plan to use an electric pump, find and test the electrical outlet. Make sure there is a clean refrigerator and a sink for washing your hands and breast pump equipment.
  • Download or request a copy of My Guide to Working and Breastfeeding. This booklet provides tips on how to make working and breastfeeding work for you. It has resources and information on preparing to go back to work, pumping and storing your breast milk and much more.
  • If you have questions or need support with feeding or pumping, contact your local La Leche League or find a local resources at HelpMeGrowWA.org to find help from a local parent support service or trained professional. They can help you with your baby-feeding goals, such as helping you decide how often to pump or helping you find a pump that works well for you. If you are having a hard time expressing all your milk as quickly as you want, you might consider using a double-pump to express milk from both breasts at the same time. If you are concerned about your milk supply, a trained professional can help. Also, kellymom offers a wealth of information on a wide range of topics related to breastfeeding.

Resources

Support

For Employers

Filing a Complaint

The Law

Related Publications from Legal Voice:

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.

This information is current as of June 2025.

Revised by Alizeh Bhojani, Julia Marks, and Chloë Phalan. Acknowledgements to JonaRose Feinberg, Andrew Kashyap, Jennifer Werdell, Alex Sosa, Inessa Baram-Blackwell, Tara Dotson, June Krumpotick, and Rachel Schwartz for their work on previous versions of this memo.

© 2025 Legal Voice

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial purposes only.)

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