Most new moms have no idea how many protections they actually have. Seriously. Indiana is one of the more supportive states in the country when it comes to breastfeeding. But knowing your rights and using them are two very different things.
This guide breaks down exactly what the law says. Whether you’re nursing in public or pumping at work, you deserve to know what you’re protected from and what you can do if someone crosses the line.
What Is a Breastfeeding Law?
Breastfeeding laws protect a mother’s right to feed her child. They cover two main areas: feeding in public and pumping at work. These laws exist because moms faced real pushback in both places for a long time. Legislators stepped in to make it clear. Breastfeeding is legal, protected, and normal.
Indiana has both state laws and federal laws that work together. Pretty much, the state law adds extra protections on top of what the federal government already requires. That’s actually a good thing for you.
Your Right to Breastfeed in Public
Okay, this one is important. Indiana law is crystal clear here. A mother has the right to breastfeed her child anywhere she is legally allowed to be. That’s it. No qualifiers. No exceptions.
There are no specifics in the law regarding the age of the child or the amount of skin that can be seen. So don’t let anyone tell you otherwise.
Wondering if this applies to private businesses too? Yes. If you’re allowed to be in a restaurant, a store, or a park, you can breastfeed there. No manager can legally ask you to leave or move to a bathroom. Mothers should not have to breastfeed their child in the bathroom unless that is where they choose to go.
The law protecting public breastfeeding is found in Indiana Code 16-35-6. It’s short and straightforward. Basically, if you have the right to be somewhere, you have the right to feed your baby there. So simple.
Your Rights at Work
Now, here’s where things get more detailed. But stay with me. This part matters a lot, especially if you’re planning to return to work after having your baby.
The Right to Break Time
Indiana Codes 5-10-6-2 and 22-2-14-2 require reasonable paid break time for expressing milk. Your employer cannot make you clock out or use your sick time or vacation time just because you need to pump.
Your employer cannot force you to use sick or vacation time for the time you spend pumping. That’s huge. Many moms don’t realize this. They end up quietly sacrificing their own paid leave when they don’t have to.
Federal law also covers you. Under the Fair Labor Standards Act (FLSA) and the PUMP for Nursing Mothers Act, almost all workers have a legal right to break time and a private space for pumping milk for up to one year following the birth of the child.
The Right to a Private Space
Hold on, this part is important. Your employer cannot send you to the bathroom to pump. That’s not a gray area.
The area for pumping breastmilk must be private and clean. The spot cannot be in the bathroom. The space has to be free from view and free from people walking in on you. That includes being shielded from security cameras.
Several Indiana employers received EEOC inquiries for inadequate pumping spaces, such as offering supply closets or shared conference rooms with no locks. So “private” actually means private. A locked space that no one can walk into unexpectedly.
The Right to Milk Storage
This one surprises people. Your employer also has to deal with storing your milk.
State law requires employers with more than 25 employees to provide a refrigerator or other cold storage space for expressed milk, or to allow breastfeeding employees to bring their own portable cold storage device to work.
So if your workplace can’t provide a fridge, you’re still covered. You can bring your own cooler. They can’t tell you no.
How Big Does Your Employer Need to Be?
Not sure if your workplace is covered? Let me break it down.
Indiana state law applies to employers with 25 or more employees. That’s where you get the paid breaks, private space, and refrigeration requirements. Employers with fewer than 50 employees may be excused from complying with the federal PUMP Act when providing the required break time and space would impose undue hardship. However, undue hardships are rare.
Think of it like this: the smaller the company, the more wiggle room they technically have under federal law. But Indiana’s state law still kicks in for any employer with 25 or more employees. And most small businesses can find a solution without real hardship. It’s actually not that complicated to set aside a room with a lock.
Honestly, even if your employer has fewer than 25 employees, it’s worth asking. Many small employers will accommodate you even when they’re not strictly required to.
What About Public Employees?
Good news if you work for the government, a school, or another public agency.
Public employers must also make reasonable efforts to ensure that the lactation space is located in close proximity to the employee’s work area. That’s an extra layer of protection that private employees don’t always have. You shouldn’t have to walk across a large building or campus every time you need to pump.
Recent Updates: What Changed
A friend asked me about this recently. She thought breastfeeding protections were the same as they were five years ago. They’re not. The laws have gotten stronger.
The PUMP Act reached full practical enforcement in Indiana in 2025. That means more workers are covered than ever before. Salaried workers, healthcare workers, and teachers were among those newly protected.
When the PUMP Act was passed at the end of 2022, it extended coverage to approximately 9 million more women of childbearing age and provided protection for all employees for one year following the birth of a child. That’s a massive shift from the older law that only covered hourly workers.
The Pregnant Workers Fairness Act (PWFA) went into effect in June 2024. It requires employers to provide reasonable accommodations for pregnant and breastfeeding employees if accommodation is requested. This applies to employers with 15 or more employees. It’s a relatively new law and many people haven’t heard of it yet.
What Happens If Your Employer Breaks the Law?
So what happens if your employer ignores all this? Let’s talk about it.
Failing to provide a private pumping space became one of the fastest-growing categories of workplace discrimination complaints in Indiana in 2025. So you are definitely not alone if you’ve dealt with this. More and more moms are speaking up.
When pregnant or breastfeeding employees aren’t provided with the accommodations they’re due, they may take legal action. That includes filing a complaint with a government agency or hiring a lawyer.
Here’s what you can actually do.
How to Report a Violation
You have a few options. Don’t worry, we’ll break it down step by step.
First, try talking to your HR department or manager directly. Put your request in writing. Email is great because it creates a record. Tell them what you need and reference the law. Many employers don’t realize they’re violating it.
If that doesn’t work, you can file a complaint with the U.S. Department of Labor. For more information or to file a complaint, call the U.S. Department of Labor. You can also visit dol.gov/agencies/whd/pump-at-work for federal complaint information.
You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) at eeoc.gov. This is especially useful if you feel you’ve been retaliated against for pumping at work.
Wait, it gets better. You can also talk to a private employment lawyer. Many offer free consultations. There are usually deadlines to file legal complaints, so contacting a lawyer early is a smart move.
Special Situations Worth Knowing
Confused about whether your job type is covered? You’re not alone. A few specific situations come up a lot.
Flight attendants and pilots are currently excluded from the federal PUMP Act. As of December 2025, the PUMP Act does not apply to crewmembers of air carriers, such as pilots and flight attendants. However, Indiana state law may still offer some protections depending on your employer’s size.
Gig workers and independent contractors are also generally not covered by the PUMP Act. If you’re classified as a contractor, you may have fewer protections. This is honestly one of the trickier areas of the law.
Most other workers are covered. Teachers, nurses, office workers, retail employees, factory workers. If you’re on a regular payroll, the law almost certainly applies to you.
Tips for Talking to Your Employer
Many people assume employers always know the law. They find out the hard way that’s not true. Don’t be one of them.
Bring it up before you go on leave if you can. Having this conversation before you go out on maternity leave gives you time to make a plan. Ask specifically: Where will I pump? How long will breaks be? Where can I store my milk?
Get it in writing. A quick email confirmation of what you discussed is gold. You’re not being difficult. You’re being smart.
If your employer seems resistant, mention Indiana Code 22-2-14-2 and the PUMP Act by name. Sometimes people act differently when they realize you’ve done your homework. Trust me, this works.
Frequently Asked Questions
Can someone ask me to cover up while breastfeeding in Indiana? No. Indiana law does not require any covering or specific positioning. You have the right to breastfeed however feels natural and comfortable to you.
How long does my employer have to provide pumping breaks? Both Indiana state law and federal law protect your right to pump for up to one year after your baby’s birth.
Can my employer make me use my lunch break to pump? Your employer can schedule breaks, but pumping time is separate from your regular breaks and cannot be forced onto your personal time under most circumstances.
What if my employer has fewer than 25 employees? Smaller employers have more flexibility under state law, but federal law still covers most employees. Contact the Department of Labor to find out exactly where you stand.
Can I be fired for pumping at work? No. Retaliation for exercising your breastfeeding rights is illegal. If you’re fired or demoted for pumping, contact the EEOC or an employment attorney right away.
Final Thoughts
Now you know the basics. Indiana actually does a solid job protecting breastfeeding moms, both in public and at work. The key is knowing what you’re entitled to before a problem comes up.
You have the right to feed your baby. You have the right to pump at work. You have the right to store your milk. And you have the right to take action if anyone tries to take those rights away.
Stay informed, stay confident, and when in doubt, write it down and look it up. You’ve got this.
References
- Indiana Code § 16-35-6 (Public Breastfeeding): iga.in.gov
- Indiana Code § 22-2-14-2 (Workplace Lactation): iga.in.gov
- Indiana Code § 5-10-6-2 (Public Employer Lactation Requirements): iga.in.gov
- U.S. Department of Labor, PUMP for Nursing Mothers Act: dol.gov/agencies/whd/pump-at-work
- Indiana WIC, Breastfeeding Laws in Indiana: indiana.wicresources.org
- Indiana State Department of Health, Breastfeeding Resources: in.gov/health/dnpa/nutrition/breastfeeding
- Pregnant@Work, Talking to Your Boss About Your Pump (Indiana): pregnantatwork.org
