Most moms don’t realize how protected they actually are when nursing. Seriously. Wisconsin has clear laws about breastfeeding, and they’re stronger than you might think. Let’s break down exactly what the law says and how it protects you.

What Is Wisconsin’s Breastfeeding Law?

Wisconsin lets you breastfeed anywhere you’re legally allowed to be. Any public place. Any private place. If you can be there, you can nurse there.

This became official law back in 2009. The law covers all public and private locations. That means restaurants, stores, parks, libraries, and pretty much everywhere else you can think of.

Hold on, this part is important. Nobody can stop you from breastfeeding. They can’t ask you to move. They can’t tell you to cover up. They can’t restrict you in any way. The law is crystal clear about this.

Basic Breastfeeding Protection Laws

The Right to Nurse Anywhere

Wisconsin Statute 253.165 protects your right to breastfeed. You’re gonna love this one. The law says mothers can nurse in any location where they’re otherwise allowed to be.

This includes both public and private places. Coffee shops. Shopping malls. Offices. Medical facilities. Anywhere you have permission to be, you have permission to nurse.

Wondering if this applies to you? Yes, it does. The law protects all nursing mothers in Wisconsin without exception.

What People Cannot Do to You

The law specifically lists what others cannot do. They cannot prohibit you from breastfeeding your child. They cannot direct you to a different location. They cannot ask you to cover your breast or baby while nursing.

Pretty straightforward. Basically, if you’re allowed to be somewhere, you’re allowed to breastfeed there. Period.

Breastfeeding Is Not Indecent Exposure

Let’s talk about something that worries a lot of new moms. You cannot be charged with indecent exposure for breastfeeding. Ever.

Wisconsin has three criminal statutes about indecent exposure. All three specifically say that breastfeeding doesn’t count. These are Statutes 944.17, 944.20, and 948.10.

This protection has been around since 1995. So if anyone tells you breastfeeding in public is illegal or indecent, they’re wrong. The law backs you up completely.

Workplace Breastfeeding Rights

Now, here’s where things get serious. Your workplace rights come from federal law, not state law. Wisconsin doesn’t have its own workplace breastfeeding law. But don’t worry, federal protections cover you.

The PUMP Act Explained

The federal PUMP Act became law in December 2022. Trust me, this works. It requires all employers to provide break time and private space for nursing mothers.

This law covers nearly every employee in Wisconsin. Teachers, nurses, farm workers, office staff, and most other jobs. If you work, you’re probably covered.

The PUMP Act gives you two main protections. You get reasonable break time to pump. You get a private space that’s not a bathroom.

How Long Are You Protected?

You’re protected for one year after your child’s birth. Some state laws offer more time, but Wisconsin relies on the federal one year standard.

Honestly, this is the part most people miss. The protection lasts a full 12 months from when your baby is born. Not from when you return to work. From birth.

What Your Employer Must Provide

Your employer must give you a clean, private space. It cannot be a bathroom. The space must be shielded from view. It must be free from intrusion by coworkers and the public.

You also get reasonable break time. How much time counts as reasonable? It depends on your situation. But generally, most moms need 15 to 20 minutes per pumping session.

Not sure what counts as a violation? Let me break it down. If your employer gives you only a bathroom to pump in, that violates the law. If they refuse to give you break time, that violates the law. If your pumping space has no privacy, that violates the law.

Small Employer Exception

Employers with fewer than 50 employees might get an exemption. But wait, it gets better. They only get out of this if providing break time and space would cause “undue hardship.”

Undue hardship is extremely rare. Like, almost never happens rare. The employer has to prove it would cause significant difficulty or expense. Most small employers still have to follow the law.

Local Laws in Madison and Dane County

Madison and Dane County have extra protections. These go beyond state law. If you live in these areas, you’re covered by additional rules.

Madison City Ordinance

Madison Ordinance 23.37 makes interfering with breastfeeding illegal. This applies anywhere in the city except private homes. You can nurse in any location, public or private.

If someone interferes with your breastfeeding, they can be fined. The fine ranges from $25 to $250 per violation. Yep, that’s all you need. Madison takes breastfeeding rights seriously.

Dane County Rules

Dane County has a similar ordinance (34.015). It prohibits interfering with breastfeeding in any public accommodation. This adds extra protection if you’re in Dane County.

Sound complicated? It’s actually not. These local laws just give you more protection than the rest of Wisconsin.

Penalties for Violating Breastfeeding Laws

Okay, pause. Read this carefully. If someone violates your breastfeeding rights, there are consequences.

Under State Law

Wisconsin’s general penalty for violating Statute 253.165 is a fine up to $200. This applies when someone prevents you from breastfeeding in public.

Under Local Laws

In Madison, violators face fines between $25 and $250. In Dane County, similar penalties apply. These are civil forfeitures, not criminal charges.

Federal Workplace Violations

Workplace violations are different. Under the PUMP Act, you can file a lawsuit against your employer. You could recover lost wages, emotional distress damages, and attorney fees.

You’re not alone, this confuses a lot of people. State penalties apply to public breastfeeding rights. Federal penalties apply to workplace rights. Two different systems.

How to Enforce Your Rights

Let’s talk about what you should do if someone violates your rights. This part can be tricky, honestly.

If Stopped in Public

Stay calm but firm. You have the right to breastfeed. You can tell them about Wisconsin Statute 253.165. Most people back down once they know it’s legal.

In Madison or Dane County, remind them that interfering is subject to a fine. You can also ask for a manager or supervisor. Don’t let anyone make you feel bad for feeding your baby.

If Problems at Work

Document everything. Write down dates, times, and what happened. Save any emails or messages. This helps if you need to file a complaint later.

First, tell your employer in writing that the space or break time isn’t adequate. The law requires you to give them 10 days notice before filing a lawsuit. This gives them a chance to fix the problem.

If your employer fires you for requesting break time, you don’t need to give 10 days notice. You can file a lawsuit right away. Same goes if they’ve already said they won’t provide space.

Getting Help

You can file a complaint with the U.S. Department of Labor. They enforce the PUMP Act. You can also contact free legal helplines like A Better Balance at 1-833-633-3222.

The Wisconsin Breastfeeding Coalition offers resources and support too. They can help you understand your rights and find local support.

Special Circumstances

There are a few special situations worth knowing about. These don’t come up often, but they’re good to know.

Jury Duty Exemption

Wisconsin doesn’t have a statewide jury duty exemption for breastfeeding mothers. Some states do, but Wisconsin isn’t one of them. If you’re called for jury duty and nursing, you’ll need to ask the court for an exemption based on hardship.

School and University Settings

Students who are breastfeeding have protections too. Federal Title IX rules require schools to provide lactation accommodations. This includes reasonable breaks and private space.

Personally, I think this law makes sense. Students shouldn’t have to choose between education and feeding their babies.

Remote Workers

Even if you work from home, you’re covered by the PUMP Act. Your employer must still respect your break time needs. They cannot schedule meetings during pumping times or retaliate against you for pumping.

What to Do If Asked to Leave

Here’s where it gets interesting. If someone asks you to leave because you’re breastfeeding, you don’t have to go.

Stay polite but firm. Tell them you’re exercising your legal right under Wisconsin law. If you’re in Madison or Dane County, mention the local ordinance too.

If they persist, ask for their name and position. Take notes about what happened. You can file a complaint or take legal action later if needed.

Most people don’t realize how strict these laws are. Once they know the law, they usually back down. If they don’t, you have options.

Tips for Nursing Moms

Now you know the basics. Stay informed, stay safe, and when in doubt, look it up or ask a lawyer. Here are some practical tips to make things easier.

Keep a copy of the law on your phone. The Wisconsin Breastfeeding Coalition has printable cards with the law on them. These can help in awkward situations.

Join support groups. Local La Leche League chapters and the Wisconsin Breastfeeding Coalition connect you with other nursing moms. They’ve been through this before and can offer real advice.

Know your workplace rights before you need them. Talk to your employer about pumping arrangements before your baby arrives. This prevents problems later.

Trust me, this works. Being prepared makes everything smoother. You’ve got legal protection. Don’t be afraid to use it.

Frequently Asked Questions

Can I be arrested for breastfeeding in public in Wisconsin?

No. Breastfeeding is specifically exempt from all indecent exposure laws in Wisconsin. You cannot be arrested or charged with a crime for nursing your baby in public.

Do I have to use a cover while breastfeeding?

No. Wisconsin law specifically says no one can direct you to cover your breast or child while breastfeeding. You can nurse however is comfortable for you and your baby.

Can a restaurant ask me to breastfeed in the bathroom?

No. Under Wisconsin Statute 253.165, they cannot direct you to a different location. If you’re allowed to eat in the dining area, you’re allowed to breastfeed there. In Madison, asking you to move could result in a fine.

What if my employer only has 10 employees?

The PUMP Act still applies. Small employers with fewer than 50 employees can only avoid compliance if they prove undue hardship, which is extremely rare. Most small employers must provide break time and space.

Can I pump at work beyond one year after birth?

The PUMP Act only requires employers to provide accommodations for one year. After that, you may still have rights under other laws like the Pregnant Workers Fairness Act. Talk to a lawyer or your employer about extended accommodations.

Final Thoughts

Wisconsin protects your right to breastfeed. The law is on your side, whether you’re nursing in public or pumping at work. Nobody can tell you to stop, move, or cover up.

If someone interferes with your rights, you have options. Document what happened. Know the law. Get help if you need it. Organizations like the Wisconsin Breastfeeding Coalition and A Better Balance offer free support.

Breastfeeding is natural, legal, and protected. You’re doing what’s best for your baby. Don’t let anyone make you feel otherwise. Now you know the law, you can feed your baby with confidence.

References

1. Wisconsin State Statute 253.165 – Right to Breast-feed (https://docs.legis.wisconsin.gov/statutes/statutes/253/165)
2. U.S. Department of Labor – PUMP for Nursing Mothers Act (https://www.dol.gov/agencies/whd/pump-at-work)
3. Wisconsin Breastfeeding Coalition – Laws (https://www.wibreastfeeding.com/advocacy/laws/)
4. United States Breastfeeding Committee – PUMP Act Explained (https://www.usbreastfeeding.org/the-pump-act-explained.html)
5. City of Madison Ordinance 23.37 – Interfering with Breastfeeding Prohibited
6. Dane County Ordinance 34.015 – Interfering with Breastfeeding Prohibited
7. A Better Balance – PUMP Act Helpline (https://www.abetterbalance.org/resources/pump-for-nursing-mothers-act-explainer)