Eileen Hannigan contributed to this legal update
In its last session, the Oregon Legislature passed two laws which provide additional protections for pregnant and nursing employees.
Breastfeeding/Lactation Breaks
Effective September 29, 2019, Oregon’s law related to breastfeeding and lactation breaks will provide expanded protection to employees who need to express milk. The new law will require all Oregon employers to provide a “reasonable rest period” to express milk each time an employee has a need to do so. Oregon law previously required employers to provide employees with a 30-minute rest period to express milk during each four-hour work period.
The new law does not specifically define what is meant by a “reasonable rest period”. BOLI has stated that employers should expect that the frequency, timing, and duration of the rest period will vary according to the needs of the employee.
Previously, the breastfeeding/lactation break law only applied to Oregon employers with 25 or more employees. The new law applies to all Oregon employers, however, employers with 10 or fewer employees may assert an exemption if providing the break would impose an undue hardship on the operation of the employer’s business. As it did previously, the law will apply to both exempt and non-exempt employees.
If possible, employees must give the employer reasonable notice of the intent to express breast milk upon returning to work after childbirth, although failure to give notice is not grounds for discipline.
Link to 2019 OR House Bill 2593
Reasonable Accommodation related to Pregnancy, Childbirth or Related Conditions
Effective January 1, 2020, Oregon employers with six (6) or more employees must provide reasonable accommodations to employees with limitations related to pregnancy, childbirth or related medical conditions (including lactation), unless doing so would create an undue hardship for the employer.
Under the new law, it is unlawful for an employer to:
- Deny employment opportunities to an applicant or employee based on the need to make reasonable accommodation to the known limitations relating to pregnancy, childbirth or a related medical condition, including but not limited to lactation;
- Fail or refuse to make reasonable accommodation to these known limitations, unless the accommodation would impose an undue hardship;
- Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hire or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation;
- Require an applicant or an employee to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation; or
- Require an employee to take family leave, or any other leave, if the employer can make reasonable accommodation to the known limitations.
Reasonable accommodations may include:
- Acquisition or modification of equipment or devices;
- More frequent or longer break periods;
- Periodic rest;
- Assistance with manual labor; or
- Modification of work schedules or job assignments.
Link to 2019 OR House Bill 2341