Breastfeeding Legislation

Breastfeeding in Public:
In 2004 the Oklahoma State Legislature passed House Bill 2102 which states "Mothers have the right to breastfeed anywhere they have a right to be, and shall be excused from jury duty upon request."

Breastfeeding Friendly Business Decals are available for businesses to post at their entries to let families know that breastfeeding is welcome in their locations.


Breastfeeding at Work:
Published in April 2017, the Guide to the Rights of Breastfeeding Employees in Oklahoma, from COBA and the United States Breastfeeding Committee (USBC), shows in detail how federal employment and civil rights laws and Oklahoma state laws affect working parents.

In 2006 the Oklahoma State Legislature passed House Bill 2358 which states "Breastfeeding mothers may use unpaid break and meal times to breastfeed or express breast milk at work. Employers are urged to provide a private area (other than a toilet stall) for this purpose."

• This STATE law applies to all employed breastfeeding mothers.
• The law includes no enforcement provisions. 
• COBA joins OSDH and the Preparing for a Lifetime Infant Mortality Reduction Initiative, and the Oklahoma Healthy Birth Alliance, in recognizing Oklahoma employers who meet Oklahoma Recognized Breastfeeding Friendly Worksites criteria.

In 2010 the United States Congress passed ​​the Patient Protection and Affordable Care Act. Provisions in Section 4207 amend the Fair Labor Standards Act to establish requirements for time and space for employees to express breast milk for one year after their child's birth.

• This FEDERAL law applies to employees whose wages and hours are NOT exempt from the Fair Labor Standards Act, including most employees paid by the hour. It does not cover most salaried employees.
• This law is enforced by the United States Department of Labor​​​ (USDOL).
• As explained in the Department of Labor FAQ, employers with fewer than 50 employees are not subject to the law if they can "demonstrate that compliance with the provision would impose an undue hardship... in comparison to the size, financial resources, nature, or structure of the employer’s business." Employers must demonstrate hardship with each complaint by an employee.

OK SB 285 (2020) relates to the accommodation for expressing milk and breastfeeding; it requires state agencies to allow paid break times for lactating employees to a use lactation room for certain purposes.

OK SB 1877 (2020) relates to public buildings; requires appropriate authority of a state owned or leased public building to ensure availability of a lactation room.

OK SB 121 (2021) relates to school district employees; requires school districts to make a reasonable effort to provide location and paid break time each day for lactating school district employees to pump or breastfeed. 

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Breastfeeding Laws Wallet Cards

These wallet cards were developed through a partnership between COBA and OSDH. They summarize the laws and give contact information to promote the laws, as well as to get general breastfeeding help through the Oklahoma Breastfeeding Hotline. Keep one on hand to politely let people know how Oklahoma supports breastfeeding families anywhere and any time! To order a professionally printed wallet card or a bulk supply of these cards, please complete the Breastfeeding Legislation Cards Order Form. The cards are also available as pdf files to download:

• English
• español​​​

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Contact the Oklahoma State Department of Health (OSDH) about your breastfeeding experience:

OSDH staff who are COBA members are available to help:

​Have you visited a business that was breastfeeding friendly?  

• Let us know and they will receive a thank you letter.

Have you been asked to leave a public place because you were breastfeeding?

• Tell us and we will send a letter with information about the current laws.

Does your employer support breastfeeding?

• Let us know if you would like them to receive a thank you letter and information about becoming a Recognized Oklahoma Breastfeeding Friendly Worksite.

This page was last updated 5/25/21 by CAC.