Louisiana State Laws
Breastfeeding in public:
La. Rev. Stat. Ann. § 51. 2247.1 (2001) states that a mother may breastfeed her baby in any place of public accommodation, resort, or amusement, and clarifies that breastfeeding is not a violation of law, including obscenity laws. The law leaves enforcement to the Louisiana Commission on Human Rights.
Print a Louisiana Breastfeeding Coalition Law Card to carry in your wallet!
Child care facilities & breastfeeding infants:
RS 46:1407B(1)(e) (2013) prohibits any child care facility from discriminating against breastfed babies. The law leaves enforcement to the Louisiana Department of Children and Family Services.
Pregnant Workers’ Fairness Act (Senate Bill 215 – Act 393)
R.S. 23:341(D) and 341.1 As of August 1, 2021, if you are working while pregnant, recovering from childbirth, need to express milk at work, or have other pregnancy–related needs you don’t have to choose between your health and your job. Louisiana law now gives you an explicit right to reasonable pregnancy accommodations at work as long as they do not pose an “undue hardship” on your employer, so you can stay healthy and safe while continuing to earn a paycheck to support your family.
This law protects pregnant employees and those who have recently given birth from discrimination in the workplace. Employers must allow employees to make changes to their work duties or schedule so they can stay healthy on the job when they have medical needs causing limitations related to pregnancy, childbirth, or a related medical condition. These changes are called “reasonable accommodations.”
The law includes accommodations such as:
- a private, non-bathroom space to express breastmilk
- providing seating or allow employee to sit more frequently
- more frequent food or drink breaks
- more frequent bathroom breaks
- assistance with manual labor and limits on lifting
- longer or more frequent break periods
- temporarily transferring to a less strenuous or hazardous vacant position, if qualified
- provide job restructuring or light duty, if available
- acquire or modify equipment or devices necessary for performing essential job functions
- modify work schedules
This list is not exclusive. The employee can work with the employer to ask for either of the listed accommodations or request another accommodation that addresses their medical needs.
For more information, see this fact sheet and visit A Better Balance.
Public school boards must have employee lactation policies for their school systems:
HB 635, Act No. 87– Enacts R.S. 17:81(W), relative to local school board powers and duties; to require city, parish, and other local public school boards to adopt policies to require schools to provide certain accommodations for employees to express breast milk.
Public Buildings – Accommodation for Breastfeeding and Lactation:
R.S. 49:148.4.1, will require at least 10 owned state owned buildings to provide/construct a space (that is not a bathroom) suitable for expressing milk and/or breastfeeding a child (should a private space be sought by the mother).
Louisiana Breastfeeding Sales Tax Exemption:
Act 331 of the 2011 Regular Session of the Louisiana Legislature enacts La. R.S. 47:305.67 to create an exemption from state sales and use tax for breastfeeding items beginning October 1, 2011. For more information about the tax exemption click here. Address questions about the breastfeeding sales tax exemption to the Louisiana Department of Revenue Special Programs Division at 225-219-7462, Option 3, or by e-mail to sales.inquiries@la.gov.
Local School Boards – Accommodation for Breastfeeding and Lactation:
HB 635, Act No. 87– Enacts R.S. 17:81(W), relative to local school board powers and duties; to require city, parish, and other local public school boards to adopt policies to require schools to provide certain accommodations for employees to express breast milk.