State Law > Oregon > Oregon Meal and Rest Periods Law

Oregon Meal and Rest Periods Law

 

The state of Oregon's Meal and Rest Period Law can be found in Title 51, Chapter 653 of the Oregon Revised Statutes.

Sec. 653.077. Breastfeeding; reasonable unpaid rest periods.

(1) As used in this section:
(a) "Reasonable efforts" means efforts that do not impose an undue hardship on the operation of an employer's business. (b) "Undue hardship" means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer's business.
(2)
(a) An employer shall provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child. (b) The employee shall provide reasonable notice to the employer that the employee intends to express milk upon returning to work. (c) Unless otherwise agreed to by the employer and the employee, the employer shall provide the employee a 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period. (d) The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. (e) If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.
(3) When an employer's contribution to an employee's health insurance is influenced by the number of hours the employee works, the employer shall treat any unpaid rest periods used by the employee to express milk as paid work time for the purpose of measuring the number of hours the employee works. (4) An 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. (5)
(a) An employer shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk in private. (b) The location may include, but is not limited to:
(A) The employee's work area if the work area meets the requirements of paragraph (a) of this subsection; (B) A room connected to a public restroom, such as a lounge, if the room allows the employee to express milk in private; or (C) A child care facility in close proximity to the employee's work location where the employee can express milk in private.
(6) An employer may allow an employee to temporarily change job duties if the employee's regular job duties do not allow her to express milk. (7) This section applies only to an employer whose employee is expressing milk for her child 18 months of age or younger. (8) This section applies only 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. (9) Notwithstanding ORS 653.020 (3), this section applies to individuals engaged in administrative, executive or professional work as described in ORS 653.020 (3). (10)
(a) In addition to, and not in lieu of, any other requirement under this section, each school district board shall adopt a policy regarding breast-feeding in the workplace to accommodate an employee who needs to express milk for her child. (b) Each policy must, at a minimum, designate a location at the school facility, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk in private. (c) A policy adopted under this subsection, including the designated locations where an employee may express milk, must be published in an employee handbook. In addition, a list of the designated locations must be readily available, upon request, in the central office of each school facility and in the central administrative office for each school district.
(11) The Commissioner of the Bureau of Labor and Industries shall adopt rules to implement and enforce this section.


Sec. 653.256. Penalties.
(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person who willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060 or 653.261 or any rule adopted thereunder. (2) 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. (3) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745. (4)
(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties. (b) The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner. (c) The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the moneys to the commissioner.

659. Definitions.

SECTION 2. Definitions. As used in sections 2 to 7 of this 2007 Act:
(1) 'Covered employer' means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic violence, sexual assault or stalking, or in the year immediately preceding the year in which an eligible employee takes leave to address domestic violence, sexual assault or stalking. (2) 'Eligible employee' means an employee who:
(a) Worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave; and (b) Is a victim of domestic violence, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking.
(3) 'Protective order' means an order authorized by ORS 30.866, 107.095 (1)©), 107.700 to 107.735, 124.005 to 124.040 or 163.730 to 163.750 or any other order that restrains an individual from contact with an eligible employee or the employee's minor child or dependent. (4) 'Victim of domestic violence' means:
(a) An individual who has been a victim of abuse, as defined in ORS 107.705; or (b) Any other individual designated as a victim of domestic violence by rule adopted under ORS 659A.805.
(5) 'Victim of sexual assault' means:
(a) An individual against whom a sexual offense has been committed as described in ORS 163.305 to 163.467 or 163.525; or (b) Any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.
(6) 'Victim of stalking' means:
(a) An individual against whom stalking has been committed as described in ORS 163.732; or (b) Any other individual designated as a victim of stalking by rule adopted under ORS 659A.805.
(7) 'Victim services provider' means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, sexual assault or stalking.
SECTION 3. Leave from work. Except as provided in section 4 of this 2007 Act, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes:
(1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee's minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, sexual assault or stalking. (2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or stalking of the eligible employee or the employee's minor child or dependent. (3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, sexual assault or stalking. (4) To obtain services from a victim services provider for the eligible employee or the employee's minor child or dependent. (5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee's minor child or dependent.
SECTION 4. Undue hardship.
(1) As used in this section, ' undue hardship' means a significant difficulty and expense to a covered employer's business and includes consideration of the size of the employer's business and the employer's critical need for the eligible employee. (2) A covered employer may limit the amount of leave an eligible employee takes under section 3 of this 2007 Act if the employee's leave creates an undue hardship on the employer's business.
SECTION 5. Denying leave to employee prohibited; civil action. It is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee takes leave as provided in section 3 of this 2007 Act.
SECTION 6. Notice to employer; records confidential.
(1) An eligible employee shall give the covered employer reasonable advance notice of the employee's intention to take leave for the purposes identified in section 3 of this 2007 Act, unless giving the advance notice is not feasible. (2) The covered employer may require the eligible employee to provide certification that:
(a) The employee or the employee's minor child or dependent is a victim of domestic violence, sexual assault or stalking; and (b) The leave taken is for one of the purposes identified in section 3 of this 2007 Act.
(3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employer's request for the certification. (4) Any of the following constitutes sufficient certification:
(a) A copy of a police report indicating that the eligible employee or the employee's minor child or dependent was a victim of domestic violence, sexual assault or stalking. (b) A copy of a protective order or other evidence from a court or attorney that the eligible employee appeared in or was preparing for a civil or criminal proceeding related to domestic violence, sexual assault or stalking. ©) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy or victim services provider that the eligible employee or the employee's minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, sexual assault or stalking.
(5) All records and information kept by a covered employer regarding an eligible employee's leave under sections 2 to 7 of this 2007 Act, including the fact that the employee has requested or obtained leave under section 3 of this 2007 Act, are confidential and may not be released without the express permission of the employee, unless otherwise required by law.
SECTION 7. Use of paid leave.
(1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay to an eligible employee under section 3 of this 2007 Act. (2) An eligible employee who takes leave pursuant to section 3 of this 2007 Act may use any paid accrued vacation leave or may use any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave. (3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or an employer policy, the covered employer may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee.


653.261 Minimum employment conditions; rules; exempt employment
s.

(1) The Commissioner of the Bureau of Labor and Industries may issue rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. Such rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per week; however, after 40 hours of work in one week overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of such employees when computed without benefit of commissions, overrides, spiffs and similar benefits.

(2) Nothing contained in ORS 653.010 to 653.261 shall be construed to confer authority upon the commissioner to regulate the hours of employment of employees engaged in production, harvesting, packing, curing, canning, freezing or drying any variety of agricultural crops, livestock, poultry or fish.

(3) Rules promulgated by the commissioner pursuant to subsection (1) of this section do not apply to individuals employed by this state or a political subdivision or quasi-municipal corporation thereof if other provisions of law or collective bargaining agreements prescribe rules pertaining to conditions of employment referred to in subsection (1) of this section, including meal periods, rest periods, maximum hours of work and overtime.

(4) Rules promulgated by the commissioner pursuant to subsection (1) of this section regarding meal periods and rest periods do not apply to nurses who provide acute care in hospital settings if provisions of collective bargaining agreements entered into by the nurses prescribe rules concerning meal periods and rest periods.

653.315 Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours.

...
(3) Every child under 16 years of age is entitled to not less than 30 minutes for mealtime and the mealtime may not be included as part of the work hours of the day.

Revised Statutes (Currently have no assignment)

SECTION 1. The Legislative Assembly finds that:

(1) Women with infants and toddlers are the fastest growing sector of today's labor force, with at least 50 percent of pregnant women who are employed returning to work by the time their children are three months old.

(2) The American Academy of Pediatrics recommends that every child be breast-fed for at least the first 12 months of life and urges that arrangements be made for expressing breast milk if the mother and child are separated.

(3) Women who wish to continue breast-feeding after returning to work have relatively simple needs. These needs include a clean, convenient, private location to express milk at the work site and adequate break time in which to do so.

SECTION 2.

(1) An employer may provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child. The employee shall notify the employer that the employee intends to express milk upon returning to work. The employee shall, if feasible, take the rest periods to express milk at the same time as rest periods that are otherwise provided to the employee. The employer may provide the employee up to 60 minutes in rest periods per eight-hour shift to express milk. If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.

(2)

(a) An employer may provide a room or other location, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk in private.

(b) The room or other location may include:

(A) The employee's work area if the work area meets the requirements of paragraph (a) of this subsection;

(B) A child care facility in close proximity to the employee's work location where the employee can express milk in private.

(3) An employer may allow an employee to temporarily change job duties if the employee's regular job duties do not allow her to express milk.

(4) This section applies only to an employer whose employee is expressing milk for a child 18 months of age or younger.

(5) This section applies only 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.

Administrative rules

839-020-0050 Meal and Rest Periods
(1) Every employer shall provide to each employee an appropriate meal period and an appropriate rest period.

(a) "Appropriate meal period" means:

(A) A period of not less than 30 minutes during which the employee is relieved of all duties for each work period of not less than six or more than eight hours. If the work period is seven hours or less, the meal period is to betaken between the second and fifth hour worked. If the work period is more than seven hours, the meal period is to be taken between the third and sixth hour worked; or

(B) A period in which to eat (for each work period of not less than six or more than eight hours) while continuing to perform duties or remain on call, which is not deducted from the employee's hours worked. This is permitted only in those cases where the employer can show that the nature or circumstances of the work prevent the employee from being relieved from all duty.

(C) Where the employer can show that industry practice or custom has established a paid meal period of less than 30 minutes (but no less than 20 minutes) during which employees are relieved of all duty, such industry practice or custom will satisfy the meal period provisions of section (1) of this rule.

(b) "Appropriate rest period" means: A period of rest of not less than ten minutes for every segment of four hours or major part thereof worked in one work period without deduction from the employee's pay. The period of rest must be in addition to and taken separately from the time allowed for the usual meal period. Insofar as feasible, considering the nature and circumstances of the work, such period of rest is to be taken by an employee approximately in the middle of each four hour (or major part thereof) segment. The rest period is not to be added to the usual meal period or deducted from the beginning or end of the work period to reduce the overall length of the total work period.

(A) The provisions of section (1) of this rule regarding appropriate rest periods do not apply when all of the following conditions are met:

(a) The employee is 18 years of age or older; and

(b) The employee works less than five hours in any period of 16 continuous hours; and

(c) The employee is working alone; and

(d) The employee is employed in a retail or service establishment, i.e., a place where goods and services are sold to the general public, not for resale; and

(e) The employee is allowed to leave the employee's assigned station when the employee must use the restroom facilities.

(2) In the absence of regularly scheduled meal periods and rest periods, it will be sufficient compliance with section (1) of this rule when the employer can show that the employee has, in fact, received the time specified. This is permitted only in those cases where the employer can show that the ordinary nature and circumstances of the work prevent the employer from establishing and maintaining a regularly scheduled meal period and rest period.

(3) For the purposes of 839-020-0050, factors to be considered in determining the nature or circumstances of work which prevent an employee being relieved of all duties or the scheduling of regular meal and rest periods may include, but are not limited to, the following: The safety and health of employees, patients, clients, and the public; availability of other employees to provide relief; qualifications (or lack thereof) of those available to provide relief; costs involved in the shutdown/startup of machinery in continuous-operation industrial processes; intermittent and unpredictable work flow not in the control of the employer/employee; unforeseeable equipment failures, emergencies, acts of nature.

(4) As used in this rule, "work period" means the period between the time the employee begins work and the time the employee ends work, and includes rest periods, and any period of one hour or less (not designated as a meal period) during which the employee is relieved of all duties. Meal periods are not included as part of the work period unless the employee continues to perform duties during the meal period.

(5) The provisions of this section regarding appropriate meal periods and rest periods may be modified by the terms of a collective bargaining agreement if the provisions of the collective bargaining agreement entered into by the employees specifically prescribe rules concerning meal periods and rest periods.

Stat. Auth.: ORS 183 & ORS 653

Stats. Implemented: ORS 653.261

Hist.: BL 1-1987, f. & ef. 1-12-87; BL 10-1990, f. & cert. ef. 7-26-90; BL 9-1996, f. & cert. ef. 10-8-96; BLI 1-2002, f. & cert. ef. 1-9-02
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