Oklahoma

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Oklahoma.

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15+ employees cannot discriminate against workers due to pregnancy, childbirth, or related conditions. Employers must treat pregnancy like any other temporary medical condition.

Example: If light-duty work is available for someone with a temporary injury, it must also be offered to pregnant workers if needed.

The Oklahoma Office of Civil Rights Enforcement (OCRE) enforces anti-discrimination laws at the state level. Employers cannot force a pregnant employee to take leave if she can still perform her job.

Workplace Accommodations

Federal protections under the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA) ensure reasonable accommodations for pregnant and postpartum workers. These may include extra breaks or hydration/rest time, time off to recover from childbirth or miscarriage, modified job duties, remote work options, and schedule flexibility for medical appointments. Public sector workers in Oklahoma (such as state employees) are also covered under these federal laws.

In addition to the nationwide protections available under the Pregnant Workers Fairness Act (which also applies to public sector workers), for public sector employee in Oklahoma with a current position that is dangerous or strenuous to your pregnancy, under an Oklahoma law that applies to state employees, employers must transfer employees to a suitable position under their division if it is unfilled, a doctor recommends the transfer, and employees are qualified for the position.

Workplace Safety for Pregnant Workers

Employers must provide a safe workplace for all employees, including pregnant workers. Unsafe conditions can be reported to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Eligible employees can take up to 12 weeks of unpaid, job-protected leave for childbirth and bonding with a newborn, pregnancy-related medical needs, and care of a sick family member. Eligibility includes:

• Working for a company with 50+ employees within 75 miles,
• 12 months of employment, and
• At least 1,250 hours worked in the past year.

Oklahoma Family Leave Act (OkFLA)

The OkFLA provides similar protections to the FMLA but applies to state government employees and private employers with 21+ employees. Eligible employees can take up to 18 weeks of unpaid leave in 24 months for pregnancy, childbirth, or family medical reasons.

Pregnancy Leave in Oklahoma

While Oklahoma does not have a separate state family leave law, pregnancy-related leave is protected under FMLA and PDA. Employers offering sick or medical leave must provide it for pregnancy on the same terms as for other medical conditions.

Returning to Work with a Baby
Break Time for Nursing Mothers
Under the Fair Labor Standards Act (FLSA) and the PUMP for Nursing Mothers Act, most employers must provide reasonable break times for expressing breast milk, and a clean, private space (not a bathroom) for pumping. These rights apply for one year after the child’s birth and must be granted each time the employee needs to pump. The 2022 PUMP Act expanded these rights to cover more employees, including teachers, nurses, and agricultural workers.

Workplace Protections for New Parents

Equal Pay

Oklahoma law prohibits gender-based wage discrimination for equal work.

Employment Termination

Employers cannot fire or retaliate against workers for taking protected leave or requesting accommodations.

Job Protection

FMLA or OkFLA ensures return to the same or a similar job after leave.

Support for Parents in Oklahoma

Childcare Assistance

The Oklahoma Child Care Subsidy Program helps eligible working families afford child care. Learn more at OKDHS Child Care Services.

Temporary Assistance for Needy Families (TANF)

Provides financial support for low-income families, including those with infants. Apply through OKDHSLive.org.

Flexible Work Policies

Some Oklahoma employers voluntarily offer flexible hours, remote work, and paid parental leave. These benefits vary by employer and are often outlined in employee handbooks or contracts.

Breastfeeding-Related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, into law. This legislation introduced the PUMP for Nursing Mothers Act (PUMP Act), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

The PUMP for Nursing Mothers Act requires employers to provide

• Reasonable break time for an employee to express breast milk for their nursing child
• A place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public

These accommodations must be provided for one year after the child's birth and be available each time an employee needs them.