Yes, Oregon breastfeeding laws allow for pumping breast milk at work. These laws are designed to protect the breastfeeding rights at work of new mothers and help them maintain their breastfeeding schedule without facing discrimination in the workplace.
The laws protecting the right to pump breast milk at work in Oregon fall under Oregon Revised Statute (ORS) 653.077, implemented in 2007. These laws were introduced because legislators recognized the health benefits of breastfeeding for both mother and child and the practical difficulties faced by working mothers in maintaining their breastfeeding schedule. They wanted to ensure that breastfeeding mothers could continue to do so without discrimination when they returned to work.
If employers fail to comply with these laws, they can face penalties from the Bureau of Labor and Industries (BOLI), and they may be sued for discrimination. Here are a couple of scenarios where the laws are broken:
- Scenario 1: Jennifer works at a restaurant and needs to pump breast milk during her shift. Her employer tells her that she can only do so in the bathroom, not providing her with a clean, private, non-bathroom space. This is a violation of Oregon breastfeeding laws.
- Scenario 2: Anna is an accountant at a small firm. When she asks for unpaid breaks to pump milk, her manager tells her it’s not possible because they’re too busy. She’s forced to miss pumping sessions, leading to discomfort and potential health issues. This is another example of violation.
If an employer violates these laws, an employee can file a complaint with BOLI. They may also file a lawsuit seeking remedies like back pay, reinstatement, compensatory damages, and legal costs.
For example, if Anna from the previous scenario is fired for asserting her rights under the law, she can file a lawsuit seeking reinstatement to her job, back pay for the time she was out of work, and damages for any distress caused by the ordeal. To prove her case, Anna would need evidence of her requests for time to pump and any negative responses or repercussions she received from her employer. This could be in the form of emails, witness statements, or even medical records showing any health impacts resulting from not being able to pump regularly.
It’s recommended that anyone facing such a situation consult with a lawyer experienced in employment law to understand their rights and the best course of action. LegalMatch can help connect individuals with the right legal experience to assist in such matters.
Does My Employer Have to Accommodate Me?
Yes, Oregon law requires employers to provide reasonable accommodations for employees who need to express milk during working hours. This means that employers must provide a clean, private, and non-bathroom space for pumping breast milk. This could be a designated lactation room, a private office, or another suitable location.
Designated Lactation Room
Alice works for a large corporation in Portland that prides itself on being family-friendly. When Alice returns to work after her maternity leave, she finds that her employer has set up a designated lactation room. The room is clean, private, and equipped with a comfortable chair, a table, and an electrical outlet for the breast pump.
This room is solely for the use of employees needing to pump breast milk and is always available during working hours. Alice feels supported and accommodated in maintaining her breastfeeding schedule.
Private Office
Betty is a lawyer working in a small law firm in Salem. When she returns to work after having her baby, her employer does not have a designated lactation room. However, they make it clear to Betty that she can use her private office to pump whenever she needs to. They even provide her with a lock to ensure privacy while pumping.
Suitable Location
Carla works for a small retail business in Eugene, which does not have a lot of extra space. After Carla gives birth, she needs to pump breast milk during working hours. While her employer does not have a private office or a designated lactation room, they are committed to accommodating Carla. They set up a corner of their storage room with a divider, a comfortable chair, and a table. The space is not used for anything else during Carla’s pumping times, ensuring her privacy.
In each of these scenarios, the employer accommodates the employee’s need to pump breast milk at work by providing a clean, private, non-bathroom space. This is in line with Oregon’s breastfeeding laws and helps the employees maintain their breastfeeding schedules without discrimination.
How Many Times Am I Allowed to Pump at Work?
Oregon law does not limit the number of times you can pump at work, as the frequency of pumping varies from woman to woman and depends on the age of the baby and other factors. The law requires employers to provide “reasonable rest periods” to accommodate an employee who needs to express milk, indicating a flexible approach that considers individual needs.
In the context of breastfeeding and expressing milk, a “reasonable rest period” refers to a break or time off from work that is sufficient for an employee to pump breast milk. The exact duration of a reasonable rest period may vary depending on various factors, such as the individual’s needs, the frequency of milk expression required, and the time it takes to complete the pumping process.
Can I Pump Breast Milk During My Paid Breaks?
Yes, you can pump breast milk during your paid breaks. In fact, Oregon law mandates employers to provide unpaid break time or allow employees to use their paid rest periods to pump milk. If the break extends beyond the usual break time, the employer isn’t required to pay for the additional time.
Here’s an example:
Sarah works as an office assistant in Oregon and has recently returned to work after maternity leave. She is breastfeeding her baby and needs to pump breast milk during her work hours. Her employer is aware of her situation and is supportive of her need to pump milk.
In Sarah’s workplace, there are two paid 15-minute breaks provided during an 8-hour workday. Additionally, employees have an unpaid 30-minute lunch break. Sarah coordinates with her supervisor to ensure that she can utilize her breaks for pumping breast milk.
Scenario:
- Morning Break: Sarah uses her first paid 15-minute break to pump breast milk. She goes to the designated lactation room or a private area provided by her employer, sets up her breast pump, and expresses milk for her baby.
- Lunch Break: Sarah has an unpaid 30-minute lunch break. She uses this time to eat her lunch and also takes the opportunity to pump additional breast milk if needed.
- Afternoon Break: Sarah uses her second paid 15-minute break to pump milk once again.
In this scenario, Sarah effectively utilizes her paid breaks to pump breast milk. Her employer ensures she has access to a private space and supports her breastfeeding journey.
Consulting a Lawyer
If you feel that your rights as a breastfeeding mother have been violated at work, or if you have questions about your rights, it would be wise to consult with an Oregon employment lawyer.
An attorney can help you understand your rights and guide you on the steps you can take to ensure they’re protected. You can find qualified lawyers in your area through LegalMatch.
