NEW LAWS RELATING TO BREASTFEEDING AT WORK

As you probably know, in 2005 an Oregon law went into effect encouraging (but not requiring) employers to provide employees with time and a private place to express breast milk while at work.  The legislature recently made that duty mandatory for certain employers.

Specifically, beginning January 1, 2008, any private employer with at least 25 employees is required to provide employees with a 30-minute rest period to express milk during each four-hour work period, unless the employer and employee agree to a different arrangement.  In addition, the employer must make reasonable efforts to provide a private location close to the employee’s work area for the purpose of expressing milk.  The rest periods are unpaid unless the employer is required by law or contract to provide paid rest periods (and most employers are required to provide paid rest periods).  If the time spent by the employee expressing milk exceeds the regular paid break time, then the remaining time spent expressing milk can be unpaid; however, the employer may allow the employee to make up the amount of time used during the unpaid rest periods.  Violations of these requirements could result in a penalty of up to $1,000.

There is an exception to this law if complying with these requirements creates an undue hardship.  An undue hardship is defined as “significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business.” 

Because this law is new, there are many unanswered questions.  The Bureau of Labor and Industries (BOLI) has been assigned the task of creating regulations that should provide us with more guidance.