North Dakota: Lactation Break and Space Requirements

North Dakota's state program is voluntary

N.D.C.C. § 23-12-17 does not tell every employer to provide pumping time and
space. It says an employer may use the “infant friendly” designation if the
employer adopts a workplace breastfeeding policy containing the listed
features. North Dakota Health and Human Services likewise describes the
designation as a voluntary employer program.

A qualifying policy must allow flexible work scheduling, including breaks and
work patterns that provide time to express milk. The state statute does not set
a fixed number of sessions, minutes, paid-time rule, concurrent-break rule, or
post-birth cutoff.

The policy must provide a convenient, sanitary, safe, private location other
than a restroom. In that location, the employer must provide a convenient clean
and safe water source with facilities for washing hands and rinsing pumping
equipment. A convenient hygienic workplace refrigerator is also required for
temporary milk storage. Section 23-12-17 does not separately require a chair,
pump surface, electrical outlet, temporary-space plan, shared-space priority,
or alternative cooling device.

Federal law supplies the mandatory workplace floor

Whether or not an employer applies for the North Dakota designation, federal
§ 218d(a) generally requires covered employment to provide reasonable break
time each time needed for one year after birth and a place other than a
bathroom that is shielded from view and free from intrusion.

Federal § 218d(b) permits fully relieved pumping time to be unpaid unless
another source requires compensation. If duties continue during any part of
the period, the entire break counts as hours worked.

N.D.C.C. § 23-12-16 protects direct breastfeeding when the woman and child are
otherwise authorized to be at the location. That right does not turn the
voluntary workplace designation into a general milk-expression mandate.

What trips people up

“Infant friendly” is an optional designation, not the minimum rule for every
employer. Section 23-12-17 conditions use of the label on adopting a detailed
policy. It does not say that every employer must seek or qualify for the label.

Federal compliance and state designation are separate questions. An
employer can be subject to federal pumping-time and space duties even if it has
never applied for the North Dakota designation.

The state designation's equipment list is more specific than the federal
statutory sentence. Water and wash facilities in the private location and a
hygienic workplace refrigerator are conditions of the state label, while the
federal statute itself states the functional time-and-space floor.

Common questions

Must a designated employer provide a refrigerator?

Yes. Section 23-12-17(1)(d) requires a convenient hygienic refrigerator in the
workplace for temporary storage of the mother's breast milk.

Does North Dakota require paid pumping time?

The designation statute does not address pay. Under federal § 218d(b), fully
relieved pumping time need not be paid unless another law, ordinance, agreement,
or policy requires compensation, but time is work time when duties continue.

Is a restroom enough for the North Dakota designation?

No. Section 23-12-17(1)(b) requires a private location “other than a restroom.”
Federal law separately excludes any bathroom for covered employment.

Statutes and sources

• N.D.C.C. § 23-12-16 — direct breastfeeding in an otherwise authorized
  public or private location.

  A woman may breastfeed her child in any location, public or private, where
  the woman and child are otherwise authorized to be.

Official source: https://ndlegis.gov/cencode/t23c12.pdf (accessed 2026-07-22)
- N.D.C.C. § 23-12-17 — voluntary infant-friendly designation, flexible
scheduling, private non-restroom space, washing facilities, refrigeration,
and HHS guidelines.

An employer may use the designation "infant friendly" on its promotional
materials if the employer adopts a workplace breastfeeding policy that
includes the following:

Official source: https://ndlegis.gov/cencode/t23c12.pdf (accessed 2026-07-22)
- North Dakota HHS, Breastfeeding Laws — the agency's current statement
that the designation is voluntary.

The designation is a voluntary program for employers.

Official source: https://www.hhs.nd.gov/health/children/breastfeeding/breastfeeding-laws (accessed 2026-07-22)
- 29 U.S.C. § 218d(a)-(c), (g)-(h) — federal time, private space, pay,
small-employer hardship, pre-suit space notice, and greater-protection rules.

An employer shall provide--

(1) a reasonable break time for an employee to express breast milk for such
employee's nursing child for 1 year after the child's birth each time such
employee has need to express the milk.

Official source: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218d&num=0&edition=prelim (accessed 2026-07-22)