Returning to work is often cited as one of the main reasons that nursing mothers discontinue breastfeeding. Now, a growing number of states - in recognition of the health benefits of breastfeeding for the nursing mother and child - have passed specific laws giving nursing mothers the right to breastfeed and/or express breast milk in the workplace.

In the past year alone, the following jurisdictions became breastfeeding-friendly for working mothers: the District of Columbia, Montana (public employers only), New Mexico, New York, and Oregon. Wyoming and Arkansas passed general laws in 2007 stating that a mother has a right to breastfeed an infant child in any public places where the mother may legally be or where others are present, which does not expressly specify, but could be interpreted to include, places of employment.

On February 27, 2008, Governor Mitch Daniels added Indiana to that growing list. Governor Daniels signed into law a bill that gives rights to nursing mothers in the workplace. The law requires private businesses with 25 or more employees to make reasonable efforts to provide a private location, other than a toilet stall, where an employee can express breast milk during any period away from the employee's assigned duties. Indiana does not currently require private employers to provide meal and rest break periods for employees, so the statute's language does not seem to include an additional requirement for private employers to provide a rest break. However, the law requires the employer to provide a private location if there are time periods where an employee is not required to perform assigned duties. Significantly, there is no "undue hardship provision that employers in the private sector may invoke as a defense (as there is for state employers and their political subdivisions).


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