An employer must provide a reasonable amount of break time to accommodate an employee who desires to express breast milk. If possible, the break time required by this section must run concurrently with any paid rest or break time already required by law or otherwise authorized for the employee. Break time required by this section that does not run concurrently with paid rest or break time required by law or otherwise authorized for the employee may be unpaid. Ord. 18-213

In this section, “close proximity to the employee’s work area” means no more than 500 feet and two adjacent floors from the furthest employee work area being served. An employer must provide a lactation location, other than a bathroom or a closet, that:is in close proximity to the employee’s work area; and shields its occupants from view and from intrusion by coworkers or others. The lactation location may include the place where the employee normally works if it otherwise meets the requirements of this Part 2. The lactation location must:be safe, clean, and free of toxic or hazardous materials; limit access to it by a door that can be locked from the inside; and contain:a surface (e.g., a table or shelf) on which to place a breast pump and other personal items; a place to sit; at least one electrical outlet; and unless elsewhere provided by the employer in close proximity to the employee’s work area:a sink with running hot and cold water; and a refrigerator in which the employee can store breast milk. Ord. 18-213

An employer may provide a lactation location that is also used for other purposes, but only as long as: throughout the period of any employee’s need to express milk, the primary function of the location is its use as a lactation location; during that period, the location’s use for lactation takes precedence over all other functions and uses; and the employer provides notice to all employees who might otherwise need to use that location for other purposes, that:the location’s primary function is its use as a “Lactation Location”; and this primary function takes precedence over all other functions and uses. Ord. 18-213

If an employer’s workspace is inadequate to satisfy the requirements of this Part 2 and other employers are located in the same building, the employer may fulfill the requirements of this Part 2 by providing a lactation location that: is shared by 2 or more employers in the building; complies with § 16-11 {“Lactation location – In general”} and <cite data-path="|11|§16-12">§ 16-12 {“Lactation location – Multi-purpose locations”} of this Part 2</cite>; and is sufficient to accommodate the number of employees who might desire to use it at any given time. Ord. 18-213

In accordance with the rules and regulations adopted under <cite data-path="|11|§16-4">§ 16-4 {“Rules and regulations”} of this subtitle</cite>, an employer may apply to the Community Relations Commission for a waiver or variance of any requirement of this Part 2 that the employer can demonstrate would impose an undue hardship by causing significant expense or operational difficulty when considered in relation to the size, financial resources, nature, or structure of the employer’s business. An employer may apply to the Community Relations Commission to designate a space within a room as a temporary lactation location, in place of a permanent lactation location, or a room that is a multipurpose lactation location if an employer can demonstrate that a permanent lactation location or a room that is a multipurpose lactation location would impose an undue hardship by causing significant expense or operational difficulty for the employer. A temporary lactation location could be created using screening or curtains. The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (e.g., the chair, table or shelf, etc.) should not be modified during the duration of an employee’s need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of an employee’s need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed. The Commission’s rules and regulations must include:the criteria for establishing an undue hardship as described in subsection (a) of this section; the procedures, forms, and documentation required to apply for the waiver or variance; and the procedures for the Commission’s hearing on and consideration of the application. Ord. 18-213