Oregon

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

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers with six or more employees must provide reasonable accommodations for known limitations related to pregnancy or childbirth, unless doing so would cause undue hardship.

Example: If your employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

The Oregon Human Rights Commission enforces protections against pregnancy discrimination for workers in the state. Employers cannot treat pregnant employees unfairly or force them to take leave if they are still able to perform their job.

Workplace Accommodations

Federal law (PDA and the Americans with Disabilities Act, or ADA) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers, and gives them the right to get accommodations at work that will help them keep their jobs and protect their health. The law gives the right to things like extra breaks, flexible scheduling to attend doctors' appointments, time off to recover from childbirth or miscarriage, light duty, remote work, and much more.

Some of the reasonable accommodations may include more frequent or longer breaks, assistance with manual labor, modified work schedules or job assignments. Employers must also provide a private, non-bathroom space for expressing breast milk until the child reaches 18 months of age. 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 Oregon with a current position that is dangerous or strenuous to your pregnancy, under an Oregeon 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 ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions (including pregnancy-related conditions). Eligibility requirements include:
Working for an employer with 50+ employees within 75 miles,
Having worked for the employer for at least 12 months, and
Logging at least 1,250 hours in the past year.

Oregon Family Leave Act (OFLA)

The OFLA 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. OFLA provides up to 12 weeks of protected leave for eligible employees for pregnancy disability, childbirth and bonding with a new child, serious health conditions, sick child leave, and bereavement leave.

Paid Leave Oregon

Beginning July 1, 2024, Oregon will implement a statewide paid family and medical leave program, providing paid leave for various family and medical reasons.

Pregnancy Leave

Oregon employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide reasonable break times for nursing parents to pump breast milk for up to one year after birth, a private, non-bathroom space for expressing milk, and small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply. Oregon law requires employers to provide reasonable rest periods for employees to express breast milk. Employers must make reasonable efforts to provide a private location, other than a public restroom, close to the employee's work area.

Parental Rights for Sick or Family Leave

If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA or AFLA to provide care.

Workplace Protections for New Parents

Equal Pay

Oregon's wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination

Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA or OFLA) or requesting pregnancy-related accommodations.

Job Protection

FMLA and OFLA guarantee that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Oregon

Childcare Assistance

Oregon offers programs like the Child Care Assistance & Family Support to help working parents with childcare costs.

Flexible Work Policies

Some Oregon employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

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 needs 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, and
• 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.