North Dakota

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in North Dakota.

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.

The Equal Employment Opportunity Commission (EEOC) enforces these protections at the federal level. However, a federal judge in North Dakota has issued a preliminary injunction preventing the EEOC from enforcing regulations that would require Catholic employers to provide workplace accommodations for workers seeking abortions and fertility treatments. This ruling affects over 8,000 Catholic employers in North Dakota.

Workplace Accommodations

The federal Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for pregnant workers. These accommodations may include additional breaks, flexible scheduling for medical appointments, time off for childbirth recovery, light duty, and remote work options.
In North Dakota, the enforcement of these accommodations may be influenced by the recent federal court ruling that exempts certain employers from providing accommodations related to abortion and fertility treatments.

Workplace Safety for Pregnant Workers
Employers are required to ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work
Family and Medical Leave Act (FMLA)
Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions (including pregnancy-related conditions). Eligibility requirements include: Working for an employer with 50 or more employees within 75 miles, having worked for the employer for at least 12 months, and logging at least 1,250 hours in the past year.

North Dakota does not have a state-specific family leave law that provides additional benefits beyond the federal FMLA.

Pregnancy Leave

North Dakota employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

Reasonable break times for nursing parents to pump breast milk for up to one year after birth
A private, non-bathroom space for expressing milk

Most employers must comply with these requirements. However, a federal judge in North Dakota has issued a preliminary injunction preventing the EEOC from enforcing regulations that would require Catholic employers to provide workplace accommodations for workers seeking abortions and fertility treatments. This ruling affects over 8,000 Catholic employers in North Dakota.

Support for Parents in North Dakota

Child Care Assistance Program (CCAP)

The CCAP helps pay a portion of the cost of child care for working families or families in training or education programs. Families who meet certain eligibility criteria qualify for the program. In 2023, House Bill 1540 was signed, allocating nearly $66 million to support child care services and help address a major barrier to workforce participation as North Dakota continues to face a severe workforce shortage.

Temporary Assistance for Needy Families (TANF)

North Dakota offers the Temporary Assistance for Needy Families (TANF) program, which provides financial assistance to low-income families, including those with new babies. The program aims to help families achieve self-sufficiency through employment and other support services.

Flexible Work Policies

Some North Dakota employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits. However, there is no state mandate requiring employers to provide these benefits.

Breastfeeding-Related Rights

North Dakota State Law

In 2009, the North Dakota Legislature passed legislation to protect a woman’s right to breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be. This legislation also established an "infant-friendly" designation for workplaces that adopt breastfeeding support policies. The breastfeeding support policies include, allowing flexible break times for expression of milk, providing a clean, private space (not a toilet stall or restroom) for pumping/nursing, access to a clean water source for washing hands and cleaning breast pump equipment, and providing a place for storing breast milk (such as a refrigerator, etc.). The law was amended in January 2021 to remove the words “in a discreet and modest manner.” Read the law: HB 1105.

To learn more about the entire legislation, go to North Dakota Century Code 23-12-16 Right to breastfeed.

Federal Law

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, into law. This legislation introduced the PUMP for Nursing Mothers Act (PUMP Act), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

The PUMP for Nursing Mothers Act requires employers to provide

Reasonable break time for an employee to express breast milk for their nursing child,
A place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.