New wage and hour law requires Oregon employers to provide rest periods for expression of breastmilk

Note: Many employers have been voluntarily providing this support to breastfeeding mothers for years!

Background

Purpose

House Bill 2372

Who to call

Background

Improving breastfeeding rates is a Healthy People 2010 goal and an important public health issue that will protect the lifelong health of both mother and child.  The greatest health benefits are associated with exclusive breastfeeding for six months and breastfeeding with solid foods for at least twelve months.

 

Low breastfeeding rates result in higher health care costs because children who are not breastfed have higher rates of many health problems including infections, allergies, asthma, diabetes and childhood obesity.  Lower breastfeeding rates affect the health of the mother too.

Purpose

Only one in five children in Oregon receives the absolute minimum of six months exclusive breastfeeding, as recommended by the American Academy of Pediatrics.

 

Mother-child separation due to work is a barrier to six months exclusive breastfeeding, unless the workplace accommodates the simple needs of breastfeeding employees.  And, while working can be a barrier for any mother, it is particularly problematic for low-income women who typically have less control over their work environment.

House Bill 2372/ ORS 653.077:  Rest Periods for Expression of Milk

Signed into law May 8, 2007; effective date January 1, 2008.

 

Brief list of requirements in the Final Rule

 

1. Effective January 1, 2008, employers with 25 or more employees must make reasonable efforts to provide private space and time for nursing mothers who request a place to express milk for their newborns 18 months of age and younger.
2. The location must be in close proximity to the employee’s work area, and cannot be a toilet stall or restroom.
3. Businesses would not necessarily have to have a dedicated lactation room.  A vacant office or conference room could suffice, so long as it is private. A cubicle is not considered private.
4. An employee must provide reasonable written or verbal notice to her employer that she intends to express breastmilk at work (see sample letter).
5. All employers must comply unless they can prove it would cause undue hardship.
6. There is a $1,000 fine per incident for non-compliance.

A more detailed summary of the wage and hour law can be found here, or on the Oregon Bureau of Labor and Industries web site.

 

Who to call

To report a non-compliant employer or get technical assistance call the Oregon Bureau of Labor and Industries, Wage and Hour Section.