Oregon’s breastfeeding laws give nursing parents two core rights: you can breastfeed your child in any public place you’re legally allowed to be, and your employer must give you reasonable break time and a private space to express milk until your child turns 18 months old. Federal law layers on top of that during the first year after birth, so most Oregon parents are protected by both sets of rules at once.
Breastfeeding in Public
ORS 109.001 says a woman may breastfeed her child in any public place.1Oregon State Legislature. Oregon Revised Statutes Chapter 109 – Parent and Child Rights and Relationships The statute attaches no conditions. If you’re allowed to be somewhere, you can nurse there. A business owner, employee, or bystander cannot lawfully tell you to stop, move, or cover up. The law says nothing about covers, clothing, or how much skin shows, so none of that can be used against you.
Workplace Break Time to Express Milk
ORS 653.077 requires Oregon employers to give employees reasonable unpaid break time to express milk, each time they need it, until the child reaches 18 months of age.2Oregon Revised Statutes. Oregon Code 653.077 – Expressing Milk in Workplace; Rules There’s no fixed length written into the law. Reasonable means what you actually need. For some employees that’s 15 minutes; for others it’s longer. Frequency works the same way and depends on your body, not a set schedule.
Employers should overlap expression breaks with rest or meal breaks they already provide when possible. If you pump during a regularly scheduled paid break, you get paid for that time like any other employee. Time beyond your normal breaks can be unpaid.2Oregon Revised Statutes. Oregon Code 653.077 – Expressing Milk in Workplace; Rules Your employer may let you make up unpaid pumping time by working before or after your shift, but they don’t have to.
Federal rules add one important detail on pay: if you keep working while pumping — answering emails, reviewing documents, taking calls — that time must be paid. The same is true if you aren’t completely relieved from duty. Salaried exempt employees are also entitled to break time and a private space under federal law, and their salary generally can’t be docked for pumping breaks.3U.S. Department of Labor. FLSA Protections for Employees to Pump Breast Milk at Work
One more thing worth knowing: Oregon law says you can’t be disciplined for failing to give your employer advance notice, before returning from leave, that you’ll need to pump.4Oregon Health Authority. Laws – Pregnancy, Chest/Breastfeeding and Lactation An employer who penalizes you for that has already broken the law.
The Private Space Your Employer Must Provide
Oregon employers must make reasonable efforts to give you a location where you can pump in private. The space has to be close to your work area, separate from any public restroom or toilet stall, shielded from view, and free from intrusion by coworkers or the public.5BOLI. Breaks to Express Breast Milk A converted office or small conference room usually meets the standard. A bathroom does not, even if it’s private.
Federal law adds that the space must include a seat and a flat surface, other than the floor, for setting down a pump.6U.S. Department of Labor. Fact Sheet 73A – Space Requirements for Employees to Pump Breast Milk at Work Under the FLSA Neither Oregon law nor the federal PUMP Act requires an electrical outlet or a sink, though federal guidance recommends both.
How Oregon Compares to Federal Law
The federal PUMP for Nursing Mothers Act also requires reasonable break time and a private pumping space, but only for the first year after birth.7Office of the Law Revision Counsel. United States Code Title 29 Section 218d – Breastfeeding Accommodations in the Workplace Oregon’s 18-month window is longer. During the first year both laws apply, and you get whichever protection is stronger on any given point. After your child’s first birthday, Oregon law keeps going for another six months.
Federal coverage recently expanded to reach groups that were previously left out, including agricultural workers, teachers, nurses, and truck drivers.8U.S. Department of Labor. FLSA Protections to Pump at Work If you work in one of those fields, you’re now protected at both levels.
Small Employer Exemption
Oregon employers with 10 or fewer employees can claim an exemption from the state break-time requirements if compliance would create an undue hardship.2Oregon Revised Statutes. Oregon Code 653.077 – Expressing Milk in Workplace; Rules Being small isn’t enough on its own. The employer has to show significant difficulty or expense relative to the size and financial resources of the business.5BOLI. Breaks to Express Breast Milk The federal PUMP Act has no equivalent carve-out, so a business with fewer than 10 employees still owes federal pumping protections during your child’s first year.
Getting Excused From Jury Duty
Under ORS 10.050, a woman who is currently breastfeeding must be excused from jury service on written request.9Oregon Public Law. Oregon Code 10.050 – Excuse From Jury Duty This is a full excusal, not a postponement. The court has to grant it. You don’t need a doctor’s note; the written request is enough. The statute sets no age limit on the child, so the excusal applies as long as you are actively breastfeeding.
Paying for a Pump: Insurance and Taxes
Under the Affordable Care Act, health plans sold through the Marketplace must cover the purchase or rental of a breast pump as part of pregnancy and postpartum care.10U.S. Department of Health and Human Services. Are Breast Pumps Covered by the Affordable Care Act? Plan rules vary. Some cover only manual pumps unless a provider recommends an electric model, and some require pre-authorization. Check the specifics of your plan before you buy.
On taxes, the IRS treats breast pumps and lactation supplies as deductible medical expenses. You can deduct the cost on Schedule A to the extent your total medical expenses exceed 7.5% of your adjusted gross income.11Internal Revenue Service. Publication 502, Medical and Dental Expenses If you have an HSA or FSA, pumps, replacement parts, and lactation supplies are generally eligible for tax-free reimbursement, which usually beats itemizing because it skips the 7.5% floor.
If Your Employer Won’t Comply
You can file a complaint with the Oregon Bureau of Labor and Industries (BOLI), which enforces ORS 653.077.5BOLI. Breaks to Express Breast Milk BOLI can investigate, try to facilitate a resolution, or move to a formal hearing. Employers found to have intentionally violated the law face civil penalties of up to $1,000 per violation.12Legal Information Institute. Oregon Administrative Code 839-020-0051 – Rest Periods for Expression of Milk
For federal violations, the PUMP Act lets you file a complaint with the U.S. Department of Labor’s Wage and Hour Division or sue the employer directly.7Office of the Law Revision Counsel. United States Code Title 29 Section 218d – Breastfeeding Accommodations in the Workplace Before the PUMP Act passed in 2022, employees denied pumping breaks had no way to recover monetary damages in court. That has changed.
The Pregnant Workers Fairness Act adds a third path. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and lactation, without discrimination or retaliation. Claims go through the EEOC.13U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act Between BOLI, the Wage and Hour Division, and the EEOC, a nursing employee facing pushback at work has real options.