§ 16-20. Employer policy and process.

(a) In general.

Each employer subject to this subtitle must develop and implement a written lactation accommodation policy.

(b) Minimum contents.

The written policy must:

(1) contain a statement that employees have a legal right to request a lactation accommodation;

(2) include the employer's process for requesting a lactation accommodation, which process must, at a minimum:

(i) specify the means by which an employee must submit the request to the employer;

(ii) require the employer to respond to the request within 5 business days; and

(iii) require the employer and employee to engage in an interactive process to determine lactation break periods and a lactation location appropriate for the employee;

(3) state that, whenever the employer does not provide lactation breaks or a lactation location, or provides a lactation location that does not fully comply with Part 2 of this subtitle, or asserts any waiver or variance granted under § 16-14 {"Waiver or variance for undue hardship"} of this subtitle, the employer will be required to describe, in a written response to the request, the specific bases on which the employer has done so;

(4) state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission; and

(5) state that retaliation against an employee for exercising the rights conferred by this subtitle is prohibited.

(c) Employer to keep copies of all responses.

The employer must retain, in accordance with § 16-21 {"Employer records"} of this subtitle, a copy of all written responses made under the policy required by subsection (b)(3) of this section.

(d) Distribution of policy.

(1) The employer must distribute a copy of the employer's lactation accommodation policy to all employees:

(i) upon their hiring; and

(ii) again, within 10 calendar days of any modification to the policy.

(2) The employer must also offer a copy of the lactation accommodation policy to any employee who requests or inquires about pregnancy or parental leave.

(3) If the employer has an employee handbook or set of policies that is available to employees, the lactation accommodation policy must be included in that handbook or set of policies.