Each employer subject to this subtitle must develop and implement a written lactation accommodation policy. The written policy must:contain a statement that employees have a legal right to request a lactation accommodation; include the employer’s process for requesting a lactation accommodation, which process must, at a minimum:specify the means by which an employee must submit the request to the employer; require the employer to respond to the request within 5 business days; and require the employer and employee to engage in an interactive process to determine lactation break periods and a lactation location appropriate for the employee; 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 <cite data-path="|11|§16-14">§ 16-14 {“Waiver or variance for undue hardship”} of this subtitle</cite>, the employer will be required to describe, in a written response to the request, the specific bases on which the employer has done so; state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission; and state that retaliation against an employee for exercising the rights conferred by this subtitle is prohibited. The employer must retain, in accordance with <cite data-path="|11|§16-21">§ 16-21 {“Employer records”} of this subtitle</cite>, a copy of all written responses made under the policy required by subsection (b)(3) of this section. The employer must distribute a copy of the employer’s lactation accommodation policy to all employees:upon their hiring; and again, within 10 calendar days of any modification to the policy. The employer must also offer a copy of the lactation accommodation policy to any employee who requests or inquires about pregnancy or parental leave. 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. Ord. 18-213

Each employer subject to this subtitle must maintain a record of all requests for a lactation accommodation received by the employer. The record must include the following documentation:the name of the employee; the date of the initial request and of any update to the initial request; a copy of all written or digital correspondence by or on behalf of the employee and employer; and a description of how the employer resolved the request. The employer must:retain the record and documentation required by this section for a period of 3 years from the date of the request for lactation accommodation; and allow the Community Relations Commission access to that record, subject to reasonable notice, to monitor compliance with the requirements of this subtitle. In any matter involving an alleged violation of this subtitle, if the employer has failed to maintain or retain the record and documentation required by this section, or does not allow the Commission reasonable access to them, it will be presumed that the employer has violated this subtitle, absent clear and convincing evidence otherwise. Ord. 18-213