Oregon Enacts Rules for Expressing Milk in the Workplace

What happened?

On November 5, 2025, the Oregon Bureau of Labor and Industries (BOLI) filed a permanent administrative order (BLI 12-2025) updating Oregon Administrative Rule 839-020-0051 to clarify and expand employer obligations related to rest periods for expressing milk in the workplace.

Overview:

Summary of The Rules:

• Rest Periods: Employers must provide reasonable breaks for milk expression, ideally aligned with existing rest or meal periods. If not feasible, unpaid breaks must be allowed. Paid breaks used for this purpose must be compensated if required by law or contract. Employers cannot require employees to use paid leave for unpaid milk expression time.

• Definition: “Expression of milk” refers to initiating lactation by manual or mechanical means. Breastfeeding is not covered but may be voluntarily accommodated.

• Private Space: Employers must provide a private, non-restroom space near the employees’ work area. Acceptable options include private offices, lounges connected to restrooms, childcare facilities, or conference rooms with privacy measures.

• Small Employer Exception: Employers with 10 or fewer employees may claim an exemption if compliance causes undue hardship, based on financial or operational impact.

• Accommodation: Employers must reasonably accommodate pregnant and lactating workers under ORS 659A.146–659A.148.

• Notice: Employees should give reasonable notice of their intent to express milk. Employers must inform workers whom to notify. Lack of notice is not grounds for discipline.

• Preparation Time: Employers may take reasonable time to prepare a suitable space but must not delay access when the need is immediate.

• Storage: Employees may bring coolers or insulated containers. Refrigeration may be offered but is not required.

• Applicability: The rule applies to administrative, executive, and professional employees and may be modified by collective bargaining agreements.

• School Districts: Must adopt policies to support milk expression.

• Penalties: Up to $1,000 for intentional violations.

• Advisory Committee: BOLI will appoint a committee to support industry compliance.

Source References

• ORS 653.077 – Expressing milk in workplace; rules
• OAR 839-020-0051 – Rest Periods for Expression of Milk
• ORS 659A.146 – Reasonable accommodation
• Oregon BOLI – Breaks to express breast milk
• BOLI – Notie of Proposed Rulemaking

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