Global Compliance Desk – Oregon

Amendment to Oregon Pregnancy & Childbirth Accommodations Laws

The Oregon Legislature recently passed House Bill 2341 (2019) which provides additional employee protections related to pregnancy, childbirth or a related medical condition, including lactation.

Provision of Lactation Breaks

Previously, Oregon required employers to provide a fixed, 30-minute break for this purpose, every four hours an employee worked.  Effective September 29, 2019, employers must provide an employee with a “reasonable rest period to express milk each time the employee has a need” to do so until the employee’s child’s age reaches 18 months.  The law includes an exemption for undue hardship, but it applies only to employers with 10 or fewer employees.

Accommodations for Pregnancy-Related Conditions

The Oregon Family Leave Act provides up to 12 weeks of protected leave to eligible employees of covered employers for quality conditions. In the case of pregnancy disability, an employee may also qualify for up to an additional 12 weeks of leave. 

Under HB 2341, employers with 6 or more employees will also need to provide reasonable accommodations for employees with pregnancy-related conditions. Specifically, HB 2341 makes it unlawful for an employer to:

  • Disallow employment opportunities to an applicant or employee based on the need to make reasonable accommodation to the known limitations relating to pregnancy, childbirth or a related medical condition, including but not limited to lactation;
  • Fail or reject to make reasonable accommodation to these known limitations, unless the accommodation would impose an undue hardship;
  • Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hiring or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation;
  • Require an applicant or an employee to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation; or 
  • Require an employee to take family leave, or any other leave if the employer can make reasonable accommodation to the known limitations.

Violations
Aggrieved employees may bring civil actions against their employers. Employees also may file complaints with the Oregon Bureau of Labor and Industries.

Employers also will need to post signs in a conspicuous and accessible location informing employees of these new discrimination protections and their right to reasonable accommodation for known limitations related to pregnancy, childbirth, and pregnancy-related medical conditions, including but not limited to lactation.

The law becomes effective on January 1, 2020. 

Shreya Bhattacharya
ABOUT THE AUTHOR
Shreya Bhattacharya
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
Get started today.
Set up a free trial based on your business needs. Start Free Trial

Overcoming the Great Resignation Using Intelligent PSAs

Data indicates that an unprecedented number of employees have quit their jobs voluntarily since the early 2020s. The U.S. Bureau of Labor Statistics suggests that over 47 million workers have…Read More

4 Types of Revenue Forecasting Models for Professional Services Organizations

Revenue forecasting is critical for businesses across industries. Accurate predictions enable an organization to set rational goals and improve resource utilization. On the flip side, inaccurate forecasting can severely impact…Read More

Global Compliance Desk – Germany

Germany Implements EU Working Time Directives on Transparent and Predictable Working Conditions On June 24, 2022, the German Parliament (Bundestag) passed a bill to revise the German Act on Proof…Read More

Time and Attendance Orientation Guide

In a growing business, the day will eventually come when managing time and attendance on paper becomes both inefficient and risky, especially when trying to balance things like overtime, paid…Read More

Using shared services? These five technologies are a must

As organizations continue to scrutinize operating costs and look for areas to drive efficiencies, shared services centers (SSCs) are a no-brainer. The concept of a multi-function SSC has been around…Read More

Employee time tracking is dead

iBeacons, Bluetooth Low Energy, Proximity sensing and the obsolescence of time tracking as we know it. Businesses have to track the time their employees work for a variety of reasons,…Read More
  • Polaris
  • Time & Project Insights
  • Time & Projects Solutions
  • Replicon Products
  • Replicon Users
  • Enterprise Time Tracking
  • Thought Leadership
  • Cloud
  • Corporate
  • Professional Services Management
  • Shared Services Management
  • Time and Attendance Management
  • Customer Feature
  • Time Intelligence
  • Industry News
  • Global Compliance Updates
  • Others