Delaware

Mothers in Delaware have the right to breastfeed in any public or private place they’re allowed to be. Delaware’s workplace lactation accommodation legislation is equal to, but does not exceed, the federal FLSA’s PUMP Act—which provides workplace lactation accommodation protections for all breastfeeding employees. But DE law does provide protections for incarcerated mothers.

We’ve awarded Delaware two drops on our scale.

DE Breastfeeding Laws: In Public

Mothers in Delaware have the right to breastfeed in public. Read the law: Del. Code Ann. tit. 31 § 310 (1997)

DE Breastfeeding Laws: At Work

The federal FLSA’s PUMP for Nursing Mothers Act protects all breastfeeding employees, but Delaware law also requires employers to support breastfeeding employees by providing reasonable break time and an appropriate lactation accommodation. There are, however, no additional layers of workplace lactation protection that exceed the PUMP Act. Read the law: Delaware Code Ann. tit. 19, § 710-11. Discrimination in Employment.

DE Breastfeeding Information + Resources

As of July 2025, Delaware law requires the DOC to create a breastfeeding and lactation program to provide lactation support to women in DOC custody. The law permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided. Read the law: HB3

The Breastfeeding Coalition of Delaware “strives to protect, promote, and support breastfeeding by imparting current and evidence-based information and skills to enable parents, families, health practitioners, and community leaders to make informed decisions.” Visit the U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.

Breastfeeding Law Rating Key

One drop: There is no state-level workplace lactation legislation beyond the PUMP Act.

Two drops: State law exceeds the PUMP Act in one of the following ways: 1) Lower threshold for employer exemption; 2) Workplace protections beyond one year; 3) Requirements for lactation spaces (e.g. electrical outlets); 4) Protections for specific populations other than employees (e.g. students).

Three drops: State law exceeds the PUMP Act in at least two of the following ways: 1) Lower threshold for employer exemption; 2) workplace protections beyond one year; 3) requirements for lactation spaces (e.g. electrical outlets); 4) protections for specific populations other than employees (e.g. students).

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.