BREASTFEEDING AND TENNESSEE LAW

Tenn. Code Ann. § 68-58-101 et seq. (2006, 2011) permits a mother to breastfeed in any location, public or private, that the mother is authorized to be, and prohibits local governments from criminalizing or restricting breastfeeding.  Specifies that the act of breastfeeding shall not be considered public indecency as defined by § 39-13-511; or nudity, obscene, or sexual conduct as defined in § 39-17-901.

Tenn. Code Ann. § 68-58-101 et seq. and § 39-13-511(d) were amended in 2011 by Tenn. Pub. Acts, Chap. 91 (SB 83) to remove a provision permitting mothers to breastfeed only infants 12 months or younger in any location. (2006 Tenn. Law, Chap. 617; HB 3582)

Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the workplace for this activity. (1999 Tenn. Law, Chap. 161; SB 1856)

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