§ 109.001¹
Breastfeeding in a public place
A woman may breast-feed her child in a public place. [1999 c.306 §1]
Enforcement Provision
None
Workplace Pumping Law
Relating to breast-feeding; creating new provisions; and amending
ORS 243.650, 653.077 and 653.256.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 653.077 is amended to read:
653.077. (1) As used in this section:
(a) ‘Reasonable efforts’ means efforts that do not impose an undue hardship on the operation of an employer’s business.
(b) ‘Undue hardship’ means significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
(2)(a) An employer shall provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child.
(b)The employee shall provide reasonable notice to the employer that the employee intends to express milk upon returning to work.
(c) Unless otherwise agreed to by the employer and the employee, the employer shall provide the employee a 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period.
(d) The employee shall if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee.
(e) If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest
periods, the employer is not required to compensate the employee for that time.
(3) When an employer’s contribution to an employee’s health insurance is influenced by the number of hours the
an employee works, the employer shall treat any unpaid rest periods used by the employee to express milk as paid work time for the purpose of measuring the number of hours the employee works.
(4) An employer is not required to provide rest periods under this section if to do so would impose an undue hardship on the operation of the employer’s business.
(5)(a) An employer shall make reasonable efforts to provide a location, other than a public restroom or toilet
stall, in close proximity to the employee’s work area for the employee to express milk in private.
(b) The location may include, but is not limited to:
(A) The employee’s work area if the work area meets the
requirements of paragraph (a) of this subsection;
(B) A room connected to a public restroom, such as a lounge, if the room allows the employee to express milk in
private; or
(C) A child care facility in close proximity to the employee’s work location where the employee can
express milk in private.
(6) An employer may allow an employee to temporarily change job duties if the employee’s regular job
duties do not allow her to express milk.
(7) This section applies only to an employer whose employee is expressing milk for her child 18 months of age or younger.
(8) This section applies only to employers who employ 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.
(9) Notwithstanding ORS 653.020 (3), this section applies to individuals engaged in administrative, executive or
professional work as described in ORS 653.020 (3).
(10)(a) In addition to, and not in lieu of, any other requirement under this section, each school district board shall adopt a policy regarding breastfeeding in the workplace to accommodate an employee who needs to express milk for her child.
(b) Each policy must, at a minimum, designate a location at the school facility, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.
(c) A policy adopted under this subsection, including the designated locations where an employee may express milk, must be published in an employee handbook. In addition, a list of the designated locations must be readily available, upon request, in the central office of each school facility and in the central administrative office for each school district.
(11) The Commissioner of the Bureau of Labor and Industries shall adopt rules to implement and enforce this section.
Enforcement Provision
653.256. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person who willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060 or 653.261 or any rule adopted thereunder.
(2) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person who intentionally violates ORS 653.077 or any
rule adopted thereunder.
(3) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745.
(4)(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties.
(b) The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.
(c) The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the money to the commissioner.
