Oregon's Senator Jeff Merkley has been a champion for the employment rights of breastfeeding moms. Among his accomplishments during his first term is the new U.S. law that requires larger employers to permit nursing mothers the opportunity to express breast milk during work hours. This post discusses the rights of nursing mothers under Oregon's law and U.S law.
Oregon Law Protecting the Rights of Nursing Mothers at Work.
Then Oregon House Leader Merkley oversaw passage of Oregon's law in 2007. ORS 653.077 requires employers of 25 or more employees to allow mothers nursing children aged 18 months or younger the time and space to express breast milk. Moms may take up to 30 (unpaid) minutes for every four hours of work, but should try to combine this with other breaks or meal periods. The employer must make reasonable efforts to provide a space, other than a bathroom stall, to express milk. Reasonable means reasonable in light of the financial burdens and other issues peculiar to the employer.
Oregon's Bureau of Labor and Industries provided this summary of Frequently Asked Questions (FAQS) Concerning Rest Periods for the Expression of Breast Milk. BOLI's formal rule on breast milk rest periods is OAR 839-020-0051.
Federal Law on Expression of Breast Milk at Work
Senator Merkley was responsible for adding workplace rights for nursing mothers in the massive federal health care act, which became law in March, 2010. It's Section 4207, and it is short, if you want to read it. The U.S. law applies to employers of 50 or more employees, and covers moms for 12 months after delivery, not 18 months as in Oregon. Like Oregon's law, sending moms to the bathroom is not good enough. Employers must offer a better place. Regulations are not final as of this date, but the Department of Labor provided guidance in the meantime.
I got to know Jeff Merkley when we were both working to elect Democrats in Oregon in 2004 and 2006. I could not be more proud of an elected leader who is working hard for public policy that makes sense. Breast feeding offers health benefits to children and to moms. His law will save money in future health care costs, and it will reduce future time lost from work for other health issues. Even though employers might balk at the new requirement, in the long run, it will save them money and help them retain good, loyal workers.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Attorney
503-665-4234
