Breastfeeding Laws in Maryland (2026): Your Rights, Clearly Explained
Most new moms don’t know their rights until someone tries to violate them. That’s a problem. In Maryland, breastfeeding laws protect you in public, at work, and even in the courtroom. Let’s walk through exactly what those rights are, so you’re never caught off guard.
What Do Maryland’s Breastfeeding Laws Actually Cover?
Maryland’s breastfeeding protections fall into a few key areas. There are rules about nursing in public. There are workplace rules. And there are some lesser-known perks, like a tax break on supplies. Honestly, most people only know about one or two of these. You’re about to know all of them.
These laws exist to make sure nursing parents can feed their babies without interruption or harassment. Simple as that.
Your Right to Breastfeed in Public
This is the big one. Maryland law is crystal clear on this point.
Under Maryland Health-General Code Section 20-801, a mother may breastfeed her child in any public or private location where she and the child are legally allowed to be. No one can restrict or limit that right.
That covers a lot of ground. Think restaurants, shopping malls, parks, gyms, stores, and government buildings. If you’re allowed to be there, you’re allowed to breastfeed there. Right?
Wondering if someone can ask you to cover up or move to a different area? The answer is no. The law does not require you to use a cover or relocate to a private space. You don’t have to go to a back room or a bathroom. Ever.
Maryland passed this law in 2003. It has been in place for over two decades. And yet, some people still don’t know about it.
What Happens If Someone Tries to Stop You?
Okay, this part is important. Knowing your rights is one thing. Knowing what to do when someone violates them is another.
If someone tells you to stop breastfeeding in a place where you’re legally allowed to be, that’s a violation of Maryland law. You have options.
You can report the situation to the Maryland Attorney General’s Consumer Protection Division. Their Consumer Hotline is 410-528-8662. You can also file a complaint by email at [email protected] or online at oag.state.md.us/consumer.
Pretty straightforward. Keep that number saved in your phone. You may never need it. But it’s good to have.
Breastfeeding at Work: Federal Law Has Your Back
Here’s where things get a little more layered. Stay with me here.
Maryland does not have its own state-level workplace breastfeeding law that goes beyond what the federal government already requires. But don’t worry. The federal PUMP Act, short for Providing Urgent Maternal Protections for Nursing Mothers Act, covers all Maryland workers.
Under the PUMP Act, your employer must give you reasonable break time to pump. They must also provide a private space that is not a bathroom. That space must be shielded from view and free from intrusion. It should also have an electrical outlet if your workplace has electricity.
This protection lasts for up to one year after your child’s birth.
Does Your Employer Have to Pay You During Pump Breaks?
Good question. Most people assume they’re entitled to paid pumping breaks. It’s actually more nuanced than that.
If you are completely relieved of all work duties during your pumping break, your employer does not have to pay you for that time. But if you are still performing any work duties while pumping, that time counts as hours worked and must be paid.
So simple, right? If you’re answering emails while pumping, that’s work time. Clock it.
What About Small Employers?
You’re not alone if you’re wondering about this one. A lot of people assume small businesses are off the hook entirely. That’s mostly not true.
Employers of all sizes are required to comply with the PUMP Act. If your employer has fewer than 50 employees, they may apply for a limited exemption. But they can only get that exemption if providing break time and space would create a real and significant hardship for the business.
That exemption is rare. In most cases, even small employers must provide the break time and the space.
Baltimore City Has Extra Protections
Here’s where it gets interesting. If you work in Baltimore City, you have additional protections beyond the federal law.
A Baltimore City ordinance, effective April 15, 2019, requires employers with two or more full-time employees to provide lactation accommodations. That includes both break time and a private space to express milk. Employers in Baltimore City must also create a written lactation accommodation policy.
If you work in Baltimore City, ask your employer for a copy of their lactation policy. They’re required to have one.
Montgomery County Protections
Montgomery County also has its own local protections. Under the Right to Nourish Act, Montgomery County must provide lactation rooms or alternative accommodations for employees in county buildings. Break time to pump is also required.
If you work for Montgomery County, those rules apply directly to you.
The Jury Duty Rule: A 2025 Update
Most people don’t know this one exists. Honestly, this is the part most people miss.
Maryland passed legislation in 2025 requiring circuit courthouses that are newly constructed or renovated on or after October 1, 2025, to maintain a private lactation room on the premises. That’s a win for breastfeeding parents called for jury service.
On top of that, breastfeeding mothers and caregivers for children under 3 years old may be excused from jury service under Maryland law. If you’ve been called to jury duty and you’re actively breastfeeding, you can ask to be excused.
Federal law also provides its own exemption from federal jury duty for nursing mothers under the Breastfeeding Mothers Jury Duty Exclusion Act of 2019.
Breastfeeding Supplies Are Tax-Free in Maryland
Here’s a nice bonus. Maryland was actually the first state in the country to exempt breastfeeding supplies from sales tax.
Under Maryland Code Section 11-211, many supplies used by nursing parents are completely tax-free. That includes breast pumps, breast pump collection kits, breast shells, breast shields, Supplemental Nursing Systems, feeding tubes, breast milk storage bags, finger feeders, and purified lanolin.
So next time you buy a breast pump or storage bags, no sales tax. Yep, that’s all you need to know on this one.
How to File a Complaint if Your Rights Are Violated
So what happens if your employer refuses to give you a pumping break? Or denies you a private space? You have options.
For workplace violations of the PUMP Act, call the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243. You can also visit dol.gov for more information. The Department of Labor enforces these rules and investigates complaints.
For public breastfeeding violations in Maryland, contact the Maryland Attorney General’s Consumer Protection Division at 410-528-8662.
If you need legal advice and can’t afford an attorney, the Center for WorkLife Law runs a free legal hotline at 415-703-8276. A Better Balance also offers free help at 833-633-3222.
Don’t just accept a violation. You have real rights here, and there are real people ready to help you use them.
Practical Tips for Nursing Moms Returning to Work
A friend asked me about this recently. She was nervous about going back to work while still nursing. Turns out, a lot of working moms feel the same way.
Here’s what you should do before you go back. Talk to your supervisor or HR department in advance. Let them know you plan to continue breastfeeding and will need pumping breaks. Ask where the pumping space will be located. Get it in writing if possible.
If the space your employer provides doesn’t meet your needs, say so in writing. Keep a copy of that communication. It protects you later if the issue escalates.
Frequently Asked Questions
Can someone ask me to cover up while breastfeeding in public in Maryland? No. Maryland law does not require you to use a cover or move to another location. You can breastfeed openly wherever you are legally allowed to be.
Does my employer have to give me a paid break to pump at work? Not necessarily. If you are fully relieved of work duties during your pump break, the time does not have to be paid. But if you’re still doing any work while pumping, that time must be paid.
What if my employer has fewer than 50 employees? Are they still required to follow the PUMP Act? Yes, in most cases. Small employers can only be excused from compliance if they can prove the requirement creates a serious hardship. This exemption is rare and requires federal approval.
Can I be excused from jury duty if I’m breastfeeding? Yes. Maryland law allows breastfeeding mothers to be excused from jury service. Federal law also provides an exemption from federal jury duty for nursing mothers.
Are breast pumps tax-free in Maryland? Yes. Maryland exempts breast pumps and many other breastfeeding supplies from sales tax under state law.
What should I do if a business tells me I cannot breastfeed on their premises? Stay calm and know your rights. You can report the violation to the Maryland Attorney General’s Consumer Protection Division by calling 410-528-8662 or filing a complaint online at oag.state.md.us/consumer.
Does Baltimore City have stronger breastfeeding protections than the rest of Maryland? Yes. Baltimore City requires employers with two or more full-time employees to provide lactation accommodations and a written policy. This goes beyond what state and federal law require.
Final Thoughts
Now you know the full picture. Maryland protects your right to breastfeed in public, at work, and in the courthouse. You have access to tax-free supplies and multiple ways to report violations if they happen.
Most people assume breastfeeding rights are vague or hard to enforce. They’re not. The laws are specific. The hotlines are real. And support is available.
Stay informed, know your rights, and don’t hesitate to speak up if someone violates them. And when in doubt, call a lawyer or reach out to one of the free hotlines listed above.
References
- Maryland Health-General Code Ann. § 20-801 – Maryland’s public breastfeeding law: https://health.maryland.gov/phpa/mch/pages/bf_mdlaw.aspx
- Maryland Department of Health – Right to Breastfeed: https://health.maryland.gov/phpa/wic/Pages/right-to-breastfeed.aspx
- U.S. Department of Labor – PUMP Act for Nursing Mothers: https://www.dol.gov/agencies/whd/pump-at-work
- Maryland General Assembly – HB1440 (2025 Courthouse Lactation Room and Jury Service Bill): https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1440?ys=2025RS
- Mamava – Breastfeeding Laws in Maryland: https://www.mamava.com/breastfeeding-law/maryland
- FindLaw – Breastfeeding Laws by State (Updated February 2025): https://www.findlaw.com/family/parental-rights-and-liability/breastfeeding-laws-by-state.html
- Maryland Breastfeeding Coalition – Legislation and Advocacy: https://www.mdbfc.org/general-5
