Colorado Breastfeeding Laws

Colorado Breastfeeding Laws

Click here for COBFC law information sheet.

Workplace Accommodation for Nursing Mothers Act (Colorado Revised Statutes 8-13.5-104)

Establishes a standard for ALL employers to express breast milk in the workplace. Employers must:

  • Provide reasonable unpaid break time, or allow an employee to use paid break and/or meal time, to express breast milk for her nursing child up to 2 years after the child’s birth;
  • Make reasonable efforts to provide a nursing mother with a private space in close proximity to her work area – other than a toilet stall – in which to express breast milk; and
  • Not discriminate against women for expressing milk in the workplace.

Click here for information on your right to express breast milk at work.

Click here for COBFC Breastfeeding and Working videos.

Public Breastfeeding Law (Colorado Revised Statutes 25-6-302)

Establishes a mother may breastfeed in any place she has a right to be.

Colorado is involved in the national movement to recognize the medical importance of breastfeeding, within the scope of complete pediatric care, and to encourage removal of societal boundaries placed on breastfeeding in public.

Postponement of Jury Service for a Person Who is Breastfeeding a Child Act (Colorado Revised Statutes 13-71-119.5)

Establishes that a person who is breastfeeding a child is eligible for two, 12 month postponements of jury service.

Click here for COBFC information on the law.

FLSA Protections for Employees to Pump Breast Milk at Work Fact Sheet 73

Click here for COBFC information on the law.


Nursing Mothers’ Rights in Colorado Workplaces

and how to Exercise Them

You have a legal right to express breast milk at work!

Click here for breastfeeding tips and here for the Making Breastfeeding Work for Moms toolkit from Boulder County

Workplace Accommodations for Nursing Mothers Act – this state law requires every Colorado employer to:

  1. Provide you with “reasonable unpaid break time” or permission to use paid break time and/or meal time to express breast milk;
  2. For two (2) years after your child is born;
  3. Make reasonable efforts to provide a private place for you to express breast milk, that is not a toilet stall; and
  4. Not discriminate against you for expressing milk in the workplace
If your employer is clueless, be an educator! TAKE ACTION!

STEP 1: Tell your employer what you know about these laws. Offer suggestions about how they can comply (where you could pump, when you could do it). Explain why breastfeeding your baby will make you a happier, healthier employee. Remind your employer that this is a short term situation. Get tips for approaching your employer, conversation starters and sample letters and education materials for you to give to your employer here.

**An employer’s refusal to let you pump at work or discrimination against you because you asked to is illegal.

If you think your employer is engaging in this unlawful behavior,  TAKE ACTION!

STEP 2: Write down what has and/or is happening to you at work in as much detail as you can remember. Document in writing every communication you have with your employer about this issue. Ask your employer (in writing) to go to mediation to try to resolve the issue. If needed, contact COBFC to talk through how to do this or seek additional resources.

Find an advocate to help you! TAKE ACTION!

STEP 3: The American Civil Liberties Union of Colorado (ACLU) – may be able to provide no cost legal services for you. Request assistance from the ACLU.

Private Civil Rights and Employment Attorneys – these attorneys may be able to represent you (often on a contingency fee basis) or help you find another attorney who can:

Colorado Department of Labor – Workplace Accommodations for Nursing Mothers


Kimberly J. Jones | JONES LAW

4 W. Dry Creek Circle, Suite 100

Littleton, CO 80120

(303) 551-1289 (p)
(303) 484-4405 (f)


Charlotte and Sweeney, Esq. Sweeney & Bechtold

650 S Cherry St Denver, CO 80256

(303) 865-3733

Do not delay if you are considering getting legal help!

There may be deadlines to take legal action.