Breastfeeding Laws in Oregon (2026): Your Rights, Simply Explained
Most people don’t realize how strong Oregon’s breastfeeding laws actually are. Whether you’re at a park, a restaurant, or the office, the law has your back.
This article breaks down exactly what you’re allowed to do, what your employer must provide, and what to do if your rights are ever ignored.
What Is Breastfeeding Law?
Breastfeeding law covers your right to nurse or pump milk in public and at work. These laws exist to protect parents from being shamed, removed, or punished for feeding their child.
Oregon has had breastfeeding protections since 1999. The state keeps updating them too. Most recently, in May 2025, new rules expanded protections to even more workers.
Pretty forward-thinking, right?
Your Right to Breastfeed in Public
This one is simple and clear. You can breastfeed anywhere in Oregon that you’re legally allowed to be. A park bench, a restaurant booth, a store, a waiting room. All of it.
Oregon law (ORS 109.001, passed in 1999) gives mothers the right to breastfeed in any public place. No one can legally ask you to stop, cover up, or move to a bathroom. No business can kick you out for nursing your child.
Wondering if this applies to private businesses too? Yes. If you’re allowed to be in that space, you’re allowed to breastfeed there.
Breastfeeding at Work: What Employers Must Provide
Okay, this part is important. Oregon’s workplace rules go above and beyond basic federal law.
Every employer in Oregon must give you a reasonable break whenever you need to pump. There’s no fixed time limit. The break length depends on your needs. Your employer has to work with you on that.
The law covers you until your child is 18 months old. That applies to hourly workers, salaried workers, and part-time workers.
The Space Your Employer Must Provide
Your employer must give you a private space to pump. This is not optional.
The space cannot be a bathroom or toilet stall. It must be near your work area. It needs to be somewhere you can pump without being seen or interrupted.
It doesn’t have to be a fancy lactation room. An empty office, a conference room, or even a partitioned area can work. What matters is that it’s private and close to where you work.
Your employer must also let you bring a cooler or insulated bag to store your milk. If there’s an office fridge that other employees use, you can use it too. Your employer can’t force you to use it, but they can’t block you either.
Do You Get Paid for Pump Breaks?
This part trips a lot of people up. You’re not alone if you’re confused.
Oregon law does not require your employer to pay you for pump breaks. However, if your pump break lines up with a regular paid rest break, you must be paid for that overlap.
The law actually encourages you to time your pump breaks with your normal rest periods when you can. But your employer can’t force you to do this.
Recent Update: Agricultural Workers (2025)
Hold on, this part is new.
As of May 7, 2025, Oregon expanded pump break rights to agricultural workers. Specifically, this covers workers who are on a piece-rate pay system, commute to the job daily, and worked fewer than 13 weeks in agriculture the prior year.
These workers were not fully covered before. HB 2541 closed that gap. This is a big deal for farm workers in Oregon.
Small Employers: The Undue Hardship Exception
Most employers in Oregon must follow these rules without exception. But there is one narrow exception.
If your employer has 10 or fewer employees, they can claim an “undue hardship.” That means they argue that providing break time would cause serious difficulty or expense for their business.
This is not an easy out for small employers. They have to actually prove the hardship is real. Simply being busy or short-staffed doesn’t count.
If your small employer claims this and you think they’re wrong, you can contact Oregon’s Bureau of Labor and Industries (BOLI) to challenge it.
Federal Protections: Extra Layer of Support
Oregon’s state law is strong. Federal law adds another layer on top.
The PUMP for Nursing Mothers Act (2023) is a federal law that expanded workplace pump rights to about 9 million additional workers nationwide. This includes teachers, nurses, and farmworkers who were previously left out.
Under federal law, you’re protected for one year after giving birth. Oregon’s law extends that to 18 months. When state and federal laws differ, the one that gives you more protection applies.
So in Oregon, you get the better deal.
Jury Duty: Another Protection You Might Not Know About
This one surprises a lot of people. I looked this up and honestly, it’s kind of great.
If you’re breastfeeding and get called for jury duty, you can ask to be excused. A judge must excuse you upon your written request. You just need to notify the court in writing that you are currently breastfeeding.
What Happens When an Employer Breaks the Law
Let’s talk about what happens if your rights are ignored.
If your employer refuses to give you pump breaks, sends you to a bathroom, or retaliates against you for pumping, that’s a legal violation. You can file a complaint with BOLI. You may also have the right to sue.
If you win a lawsuit, you could receive back pay, job reinstatement, and money to cover damages and legal fees.
Think of it like this: the employer violated a workplace law. The consequences are real. They’re not just a slap on the wrist.
How to Report a Violation
If you believe your rights have been violated, here’s what you can do.
You can file a complaint directly with BOLI online at Oregon.gov. You can also call BOLI at 971-245-3844 or email [email protected]. There’s no cost to file a complaint.
You can also contact an employment attorney. Many offer free initial consultations. They can tell you quickly if you have a case worth pursuing.
Don’t wait too long though. There are time limits on how long you have to file a complaint. Acting sooner is always better.
Special Situations Worth Knowing
Not sure if your situation fits the standard rules? Let’s cover a few common ones.
If you don’t tell your employer before returning to work that you need to pump, that’s okay. Under Oregon law, failing to give advance notice is not a reason your employer can discipline you.
If you’re a new employee, you’re still covered from day one. There’s no waiting period to receive these protections.
If you’re pregnant but haven’t given birth yet, Oregon’s pregnancy accommodation laws also apply to you. Your employer must make reasonable accommodations throughout your pregnancy and postpartum period.
Frequently Asked Questions
Can someone ask me to leave a restaurant for breastfeeding?
No. Oregon law gives you the right to breastfeed in any public place. A restaurant cannot ask you to stop, cover up, or leave.
Does my employer have to build a special lactation room?
No. A private, clean space near your work area is enough. An empty office or conference room works fine as long as it meets the basic privacy requirements.
What if I’m a part-time worker? Am I still protected?
Yes. Oregon’s pump break laws cover hourly, salaried, and part-time workers alike.
How long do I have to file a complaint with BOLI if my rights are violated?
Time limits apply. Contact BOLI as soon as possible after a violation occurs to make sure you don’t miss the window.
Can my employer fire me for pumping at work?
No. Firing or punishing an employee for exercising their pump break rights is illegal under both Oregon and federal law.
Final Thoughts
Oregon is one of the stronger states when it comes to protecting breastfeeding parents. You have the right to nurse in public without harassment. You have the right to pump at work without being hidden away in a bathroom.
Now you know the basics. If anyone ever tries to tell you otherwise, you can stand your ground and know the law is on your side. When in doubt, contact BOLI or talk to an employment attorney. Your rights are worth protecting.
References
- Oregon Bureau of Labor and Industries (BOLI): Breaks to Express Breast Milk: https://www.oregon.gov/boli/workers/pages/breaks-to-express-breast-milk.aspx
- Oregon Health Authority: Laws on Pregnancy, Breastfeeding and Lactation: https://www.oregon.gov/oha/ph/healthypeoplefamilies/babies/breastfeeding/pages/laws.aspx
- Oregon Revised Statute 109.001: Breastfeeding in a Public Place: https://oregon.public.law/statutes/ors_109.001
- Oregon Revised Statute 653.077: Expressing Milk in the Workplace: https://oregon.public.law/statutes/ors_653.077
- HB 2541 (2025) Agricultural Worker Expansion: https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB2541
- Mamava: Breastfeeding Laws in Oregon: https://www.mamava.com/breastfeeding-law/oregon
