Maryland Breastfeeding Rights Lawyer

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Nursing mothers in Maryland may not be aware of their employment rights when it comes to breastfeeding their newborn babies. Both state and federal laws provide protections for nursing mothers in the workplace.

If you have been denied the right to breastfeed your child by your employer, you should consider talking to a Maryland breastfeeding rights lawyer. Business owners who retaliate against employees for breastfeeding could be required to pay compensation. An experienced workplace discrimination attorney who is familiar with nursing mothers’ rights could help you determine the best course of action for holding your boss accountable in court.

State Protections for Nursing Mothers

Maryland Code Health General §20-801 specifies that a mother has the right to breastfeed her child in any location, as long as she is legally authorized to be there – whether private or public. This statute also prohibits restricting or limiting a mother’s right to breastfeed her child and provides tax exemptions for nursing supplies.

If your employer violated these laws, you are encouraged to file a complaint with the Maryland Attorney General’s Consumer Protection Division. A Maryland nursing mothers’ rights attorney could assist you with pursuing a complaint and other legal remedies available under state law.

The FLSA and Breastfeeding Rights

The Patient Protection and Affordable Care Act, which took effect in 2010, amended the Fair Labor Standards Act (FLSA) to require business owners to provide break time for nursing mothers. Although employers with fewer than 50 workers may be exempt from these regulations, they must apply for exemption and demonstrate that the requirements cause undue hardship for the company.

The amendments to the FLSA require employers to provide new mothers with break time and a suitable place for nursing a child. According to United States Code §29-8.207(r), the place provided for breastfeeding cannot be a bathroom and must be private and secluded from coworkers and the public. If your employer failed to provide you with appropriate space or harassed you for trying to use it, a breastfeeding rights lawyer in Maryland could help you initiate litigation against your boss for breaching your employment rights.

Break Times

The FLSA does not specify the amount of time an employer must provide for nursing mothers to breastfeed, only that it must be “reasonable.” Business owners do not need to compensate employees for nursing breaks unless they use the same paid break time provided to all workers. Additionally, the employee must be completely relieved from all job duties during their designated nursing break, otherwise the time must be compensated.


Employers may not discriminate or retaliate against employees who exercise their breastfeeding rights or those who file a complaint about the infringement thereof. You may file a complaint with the Federal Wage and Hour Division of the U.S. Department of Labor or pursue a private lawsuit with the help of a skilled attorney.

Consult a Maryland Breastfeeding Rights Attorney Today

Employed nursing mothers who face any type of discrimination for breastfeeding their children may file a claim for compensation and pursue other legal remedies through several government agencies. A knowledgeable Maryland breastfeeding rights lawyer could review your circumstances and help you evaluate your options for relief.

An experienced attorney from the Spiggle Law Firm could fight to protect your rights and help you move forward if you have faced workplace discrimination for nursing your baby. For a free consultation to learn more, call now. You can also use our online assessment tool to learn the value of your case.