Maryland: Lactation Break and Space Requirements
The short answer
Maryland has no general state pumping-break or space statute for ordinary private employers, so the federal FLSA supplies reasonable time each time needed for one year and a shielded, intrusion-free place outside the bathroom. Maryland separately requires the State, as an employer, to provide reasonable time each time needed after birth and, on notice, a shielded private place other than a bathroom. The State-specific time need not be paid, and the Maryland provision sets no equipment checklist or fixed post-birth cutoff.
Ask Ezel about your situation
This is the general rule in Maryland. Ezel applies current Maryland law to your specific facts and answers with citations to the statutes.
| State law and federal interaction | No general Maryland private-workplace lactation statute; current MDH workplace guidance identifies federal protection. Federal § 218d supplies each-time-needed breaks for 1 year and a non-bathroom place. Md. Code, State Pers. & Pens. § 2-310 is a State-employer-only exception |
|---|---|
| Covered employers and employees | No general state private-employer coverage or threshold; federal FLSA coverage controls, with separate fewer-than-50 hardship and transportation rules. Section 2-310 covers employees of the State, not local government or ordinary private employers |
| Break frequency and duration window | No Maryland-created private-sector frequency, minutes, or duration. State employees: reasonable time each time needed after the child's birth, with no fixed state end date. Federal floor for covered private employment: each time needed for 1 year |
| Paid status and work during break | No state private-sector pay rule. Maryland says the State need not compensate its employee for expression time. Federal § 218d permits unpaid additional time unless another law requires pay, but the whole break is hours worked if duties continue |
| Space location and privacy | No state private-sector room rule. On notice, the State must provide employees a place other than a bathroom, shielded from view and free from coworkers and the public. Federal law independently supplies the non-bathroom, shielding, and intrusion-free floor for covered private employment |
| Equipment, water, cooling, and access | No Maryland private-sector or State-employee statutory chair, surface, outlet, sink, water, refrigerator, cooling, cleanliness, proximity, temporary/shared-space, priority, or availability checklist; federal functional-space requirements remain separate |
| Request, notice, policy, and response | No general state private-workplace request, response, denial, interactive-process, handbook, notice, poster, or recordkeeping rule. The State-employee space duty arises 'on notice,' but § 2-310 prescribes no oral/written form, advance period, response deadline, or policy |
| Job protection, enforcement, and remedies | No pump-specific private-workplace state retaliation ban, agency complaint, private action, damages, penalty, fees, or cure rule. Section 2-310 states the State duties but no interference ban or remedy. Federal enforcement and remedies remain separate |
Compare this rule across all 50 states + DC →
Federal law supplies the ordinary private-workplace rule
Maryland has no general state lactation-break or pumping-room statute for an
ordinary private employer. The current Maryland Department of Health workplace
page identifies federal law as the source of the workplace time and space
rights. Maryland's current code separately addresses only employees of the
State in Md. Code, State Personnel and Pensions § 2-310.
Federal § 218d(a) requires covered employers to provide reasonable break time
each time needed for one year after birth. The employer must also provide a
place outside the bathroom that is shielded from view and free from intrusion
by coworkers and the public.
An employer with fewer than 50 employees is not automatically outside the
federal rule. Under § 218d(c), that employer must prove significant difficulty
or expense in relation to its size, resources, nature, or structure. Separate
federal rules address air-carrier crews and certain rail and motorcoach work.
State employees have a separate each-time-needed rule
Md. Code, State Personnel and Pensions § 2-310(a) requires the State to give an
employee reasonable break time after the child's birth each time the employee
needs to express milk. Unlike federal § 218d(a), the Maryland State-employment
text does not state a one-year cutoff.
On notice, the State must provide a place other than a bathroom. It must be
shielded from view and free from coworkers and the public. The section does not
say notice must be oral or written, how far in advance it must be given, or how
quickly the State must respond.
The State-specific rule does not extend to every Maryland public employer.
Section 2-310 names “The State”; it does not state a parallel duty for counties,
municipalities, or ordinary private employers.
Maryland adds no equipment checklist
Neither the State-employee section nor a general private-workplace Maryland
statute requires a chair, work surface, outlet, sink, running water,
refrigerator, cooler, cleanliness standard, proximity to the work area,
shared-room priority, or a specific availability schedule.
Federal law still requires the provided space to function as a place to
express milk and be available when needed. Those federal operational details
should not be relabeled as a separate Maryland equipment mandate.
Pay and remedies remain separate questions
Md. Code § 2-310(b) says the State may not be required to compensate an employee
for time spent expressing milk at work. It does not erase compensation required
by another law, a paid-break policy, salary rules, a contract, or a collective-
bargaining agreement.
For ordinary private employment, Maryland creates no separate pumping-break
pay rule. Federal § 218d(b) permits additional time to be unpaid unless another
law requires compensation, but treats the entire break as hours worked if the
employee is not completely relieved from duty.
Maryland's State-employee section states the time and place duties but no
pump-specific interference or retaliation ban, complaint route, private cause
of action, damages, civil penalty, attorney-fee award, or cure process. Federal
enforcement and remedies remain separate.
What trips people up
The Maryland State rule is not a statewide employer rule. Section 2-310 is
in the State Personnel and Pensions Article and directs “The State” to provide
time and space. Ordinary private employers follow the federal floor unless
another applicable source gives more protection.
The State rule has no express one-year end date. Federal law states one
year after birth. Maryland's State-employee text says “after the child's birth”
and “each time” needed without a fixed cutoff.
A 2026 lactation-accommodation proposal did not become law. HB 536 would
have expressly added lactation and the need to express milk to Maryland's
pregnancy-accommodation section. It passed the House but did not advance past a
Senate committee hearing before adjournment.
Common questions
Does Maryland require a private employer to provide a refrigerator?
No general Maryland private-workplace statute does. Federal law requires a
functional and available non-bathroom place but does not itself state a
refrigerator requirement.
Must Maryland pay a State employee for pumping time?
Md. Code § 2-310(b) says the State need not compensate the employee for that time.
Pay may still be required when the employee works, uses an ordinary paid break,
or is covered by another wage rule, agreement, or policy.
Must a State employee give written notice before using the space?
The space duty arises “on notice,” but § 2-310 does not require a written form,
set an advance-notice period, or prescribe a response deadline.
Statutes and sources
- Md. Code, State Personnel and Pensions § 2-310(a)-(b) — State-employee
time, notice, place, privacy, and pay.The State, through its appropriate officers and employees, shall provide:
(1) a reasonable break time for an employee to express breast milk for her
nursing child after the child's birth each time the employee needs to
express the milk; and (2) on notice, a place, other than a bathroom, that
is shielded from view and free from coworkers and the public.
Official source: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsp§ion=2-310 (accessed 2026-07-21)
- Maryland Department of Health, Breastfeeding and the Workplace — current
State workplace page identifying the federal source of private-workplace
pumping rights.
Federal law protects a parent's right to pump milk upon returning to work.
Official source: https://health.maryland.gov/phpa/wic/Pages/right-to-breastfeed.aspx (accessed 2026-07-21)
- 29 U.S.C. § 218d(a), (b), (c), and (h) — federal time, space, pay,
small-employer hardship, and greater-protection rules.
An employer shall provide—(1) a reasonable break time for an employee to
express breast milk for such employee's nursing child for 1 year after the
child's birth each time such employee has need to express the milk; and
(2) a place, other than a bathroom, that is shielded from view and free
from intrusion from coworkers and the public.
Official source: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section218d&num=0&edition=prelim (accessed 2026-07-21)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Maryland handles this in general. Ezel applies current Maryland law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.