Nursing Mothers

Break Time for Nursing Mothers

In accordance with the Patient Protection and Affordable Care Act (PPACA) amendment of the Fair Labor Standards Act (FLSA), state employees will be given reasonable paid break time to express breast milk for a nursing child for one year after the child’s birth.

  • Employees are provided a flexible schedule for breast feeding or pumping breast milk for the child.
    • The time should not exceed normal time allowed for lunch and breaks. If additional time is necessary, annual leave must be used or the employee can use a flex schedule to come in early or stay late to make up the time.
    • Flexible schedules must be approved by the supervisor prior to implementation.
  • The Nursing Mother’s room in the capitol building is located on the West end of the ground floor next to the women’s restroom behind the door labeled “Senate Locker Room.”


Section 7 of the Fair Labor Standards Act of 1938 (29 USC. 207)
Fact Sheet #73: Break Time for Nursing Mothers Under the FLSA
NDCC. §§ 23-12-16 and 23-12-17