Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS
Section 839-020-0051 - Rest Periods for Expression of Milk
Current through Register Vol. 63, No. 3, March 1, 2024
(1) ORS 653.077 applies to employers who employ 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.
(2) ORS 653.077 requires a covered employer to provide reasonable rest periods to accommodate an employee who needs to express milk for her child 18 months of age or younger. Any employer not covered by 653.077 and these rules may provide rest periods or other accommodation for expression of milk pursuant to its own policies or by agreement or contract with employees.
(3) An employer subject to ORS 653.077 will make a reasonable effort to provide the employee with a private location within close proximity to the employee's work area to express milk.
(4) A covered employer is not required to provide rest periods under this section if to do so would impose an undue hardship on the operation of the employer's business. As defined in ORS 653.077, "undue hardship" means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer's business. For the purpose of determining whether providing rest periods for expression of milk requires significant difficulty or expense, the following factors will be considered:
(5) An employee who intends to express milk during work hours must give the employer reasonable oral or written notice of her intention to allow the employer time to make the preparations necessary for compliance with ORS 653.077 and these rules.
(6) A covered employer must notify all employees, through its policies or other means, of the person or entity to whom an employee should give notice of intent to express milk. If the employer does not provide such notification, the employee's oral or written notice to a supervisor, manager, or human resource or personnel department or their staff will be presumed sufficient.
(7) After receiving notice from the employee, the employer may take a reasonable time to make necessary preparations for compliance with ORS 653.077 and this rule. A "reasonable time" must not interfere with the rights provided by 653.077 and this rule, taking into consideration the immediacy of the employee's need to express milk, and that the rights under 653.077 and this rule apply only until the employee's child is 18 months of age. For example, an employer in the process of creating a private location for expressing milk must provide the most adequate space already available for an employee who gives notice of an immediate need.
(8) An employee invoking the provisions of ORS 653.077 and this rule is responsible for storing her expressed milk. The covered employer must allow the employee to bring a cooler or other insulated food container to work for storing the expressed milk and ensure there is adequate space in the workplace to accommodate the employee's cooler or insulated food container. If the employer allows employees access to refrigeration for personal use, the employer may allow, but cannot require, an employee who expresses milk during work hours to use the available refrigeration to store the expressed milk.
(9) ORS 653.077 and this rule apply to temporary employment agencies that employ 25 or more employees in Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.
(10) ORS 653.077 and this rule apply to individuals engaged in administrative, executive or professional work as described in ORS 653.020(3).
(11) The provisions of this rule may be modified by the terms of a collective bargaining agreement if the collective bargaining agreement entered into by the employee includes provisions that prescribe rules pertaining to reasonable rest periods for the expression of milk.
(12) Each school district board must adopt a policy to accommodate an employee who needs to express milk for her child.
(13) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person who intentionally violates ORS 653.077 or any rule adopted thereunder.
(14) The commissioner of the Bureau of Labor and Industries will appoint an advisory committee to facilitate compliance with ORS 653.077 and these rules. Upon request by a particular industry or profession, the advisory committee will determine when the ordinary course of such industry or profession makes compliance difficult for an employer in that industry or profession, and submit to the commissioner recommendations for rules to address compliance difficulties in that industry or profession.
Statutory/Other Authority: ORS 653.077(11)
Statutes/Other Implemented: ORS 653.077