Florida breastfeeding laws let you nurse your child in any public or private place you’re otherwise allowed to be, and a separate criminal statute makes clear that breastfeeding can never be treated as a lewd act. Workplace pumping, insurance coverage for pumps, jury duty deferrals, airport lactation rooms, and school accommodations are mostly governed by federal law that applies in Florida.
Nursing in Public
Florida Statutes Section 383.015 says a mother may breastfeed her baby in any location, public or private, where she is otherwise authorized to be. That covers parks, restaurants, retail stores, and government buildings. The statute applies regardless of whether the breast is uncovered during or incidental to nursing.1Florida Senate. Florida Code 383.015 – Breastfeeding
Section 800.04, the lewd or lascivious offenses statute, contains an explicit carve-out stating that a mother breastfeeding her baby “does not under any circumstance constitute a violation” of that section.2Online Sunshine. Florida Code 800.04 – Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less Than 16 Years of Age If a business asks you to leave or cover up in a place you have a right to be, they’re on the wrong side of both statutes.
Pumping at Work
Florida has no state law requiring private employers to accommodate pumping. Most Florida employees are covered instead by the federal PUMP for Nursing Mothers Act, which amended the Fair Labor Standards Act. Your employer must provide reasonable break time to express breast milk for up to one year after your child’s birth, each time you need to pump. Frequency and duration are driven by your body’s needs, not your employer’s scheduling preferences.3Office of the Law Revision Counsel. United States Code Title 29 Section 218d – Breastfeeding Accommodations in the Workplace
Your employer must also give you a private space that is shielded from view and free from intrusion by coworkers or the public. It cannot be a bathroom, and it has to be functional and available each time you need it. If the room serves other purposes during the day, it must be free for your use when you need to pump.4U.S. Department of Labor. FLSA Protections to Pump at Work
Are Pumping Breaks Paid
Generally, no. Pumping breaks don’t have to be paid unless state or local law says otherwise. But if you’re not fully relieved of your duties, such as being expected to take calls or monitor equipment while pumping, the time counts as hours worked and must be compensated.3Office of the Law Revision Counsel. United States Code Title 29 Section 218d – Breastfeeding Accommodations in the Workplace
Small Employer Exception
Employers with fewer than 50 employees may be excused from the PUMP Act if compliance would impose an undue hardship. That’s a high bar. The employer has to show that providing break time and a pumping space would cause significant difficulty or expense relative to the size, financial resources, and structure of the business.3Office of the Law Revision Counsel. United States Code Title 29 Section 218d – Breastfeeding Accommodations in the Workplace Inconvenience alone doesn’t get an employer there.
The Pregnant Workers Fairness Act
A second federal law adds to your protection. The Pregnant Workers Fairness Act treats lactation as a pregnancy-related condition entitling you to reasonable workplace accommodations from employers with 15 or more employees. Under the PWFA, your employer cannot require medical documentation before accommodating a request to pump or nurse during work hours.5U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act Between the PUMP Act and PWFA, you have two overlapping sets of federal protections.
If Your Employer Refuses
You have two options for a PUMP Act violation. File a complaint with the Department of Labor’s Wage and Hour Division, or bring a private lawsuit. Available remedies include lost wages, an equal amount in liquidated damages, compensatory damages for economic losses tied to the violation, and in some cases punitive damages. Those remedies apply whether or not the employer also retaliated against you for asserting your rights.6U.S. Department of Labor. Fact Sheet 73 – FLSA Protections for Employees to Pump Breast Milk at Work
For PWFA violations, complaints go through the Equal Employment Opportunity Commission.
Insurance Coverage for Pumps and Supplies
Under the Affordable Care Act, most health plans must cover the preventive services for women listed in Health Resources and Services Administration guidelines, which include comprehensive lactation support, counseling, and breastfeeding equipment. The recommended standard is coverage of a double electric breast pump, and your plan should not force you to try a manual pump first.7Health Resources and Services Administration. Women’s Preventive Services Guidelines
This applies to Marketplace plans and most employer-sponsored plans. Grandfathered plans that predate the ACA and haven’t made significant changes may not comply. The statutory authority is 42 U.S.C. § 300gg-13, which requires coverage of preventive care for women without cost-sharing.8Office of the Law Revision Counsel. United States Code Title 42 Section 300gg-13 – Coverage of Preventive Health Services Individual plans differ on timing (before or after birth), rental versus purchase, and whether a doctor’s order is needed, so confirm with your insurer before paying out of pocket.
Tax Treatment
The IRS treats breast pumps and lactation supplies as deductible medical expenses. You can include them on Schedule A if you itemize, but only the portion of total medical and dental expenses exceeding 7.5% of your adjusted gross income is deductible, which limits the benefit for most families.9Internal Revenue Service. Publication 502 – Medical and Dental Expenses You can also use pre-tax dollars from a health savings account or flexible spending account for pumps and supplies, which is often the more practical route.
Jury Duty Deferral for New Mothers
Florida Statutes Section 40.013 gives new mothers a clear way to defer jury service. A woman who has given birth within six months before the reporting date on her summons must be excused if she requests it. The excusal applies to that specific summons, not permanently.10Online Sunshine. Florida Code 40.013 – Persons Disqualified or Excused from Jury Service
The same statute covers a wider group. Any parent not employed full-time who has custody of a child under six can be excused on request, and expectant mothers qualify as well. Submit the request to the clerk of court or the court itself, indicating which provision applies.10Online Sunshine. Florida Code 40.013 – Persons Disqualified or Excused from Jury Service
Airports and Schools
Federal law requires airports that receive federal development grants, which covers every major commercial airport in Florida, to maintain a lactation room past security in each passenger terminal. Under 49 U.S.C. § 47107, the room must have a locking door, a place to sit, a table or flat surface, an electrical outlet, and a sink or sanitizing equipment. It has to be accessible to people with disabilities and cannot be located in a restroom.11Office of the Law Revision Counsel. United States Code Title 49 Section 47107 – Project Grant Application Approval Conditioned on Assurances About Airport Operations If you can’t find it, ask airport staff.
Schools and universities that receive federal funding must accommodate lactation under Title IX. Under 34 CFR 106.57, employees must get reasonable break time to express milk or breastfeed, along with a clean, private lactation space that is not a bathroom. The 2022 Title IX final rule extended these protections to students, prohibiting discrimination based on lactation and requiring reasonable modifications for those who are breastfeeding or pumping.12eCFR. Title 34 CFR Section 106.57 – Employment These federal protections layer on top of Florida’s public-nursing right.