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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2541
Sponsored by Representatives VALDERRAMA, GRAYBER, Senators TAYLOR, GELSER BLOUIN;
Representatives ANDERSEN, FRAGALA, LEVY E, MARSH, MUNOZ, NELSON, NERON,
NGUYEN H, NOSSE, RUIZ, TRAN, Senators CAMPOS, PATTERSON, PHAM K, REYNOLDS,
SOLLMAN (Presession filed.)
CHAPTER .................................................
AN ACT
Relating to rights of certain agricultural workers to express milk in the workplace; amending ORS
653.077; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 653.077 is amended to read:
653.077. (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 the employee’s child.
(b) When possible, an employee shall provide reasonable notice to the employer that the em-
ployee intends to express milk upon returning to work after the child’s birth. Failure to give notice
under this subsection is not grounds for discipline.
(c) The employer shall provide the employee a reasonable rest period to express milk each time
the employee has a need to express milk.
(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 pe-
riods, up to the amount of time the employer is required to provide as paid rest periods. If an em-
ployee takes unpaid rest periods, the employer may allow the employee to work before or after the
employee’s 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 with 10 or fewer employees 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.
Enrolled House Bill 2541 (HB 2541-INTRO)Page 1
(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 reg-
ular job duties do not allow the employee to express milk.
(7) This section applies only to an employer whose employee is expressing milk for the
employee’s child 18 months of age or younger.
(8) Notwithstanding ORS 653.020 [ (3)], this section applies to :
(a) Individuals engaged in administrative, executive or professional work as described in ORS
653.020 (3).
(b) Individuals employed in agriculture as described in ORS 653.020 (1)(c).
(9)(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 the employee’s 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 em-
ployee 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.
(10) The Commissioner of the Bureau of Labor and Industries shall adopt rules to implement and
enforce this section.
SECTION 2.
This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
Enrolled House Bill 2541 (HB 2541-INTRO) Page 2
Passed by House April 2, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate April 29, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2541 (HB 2541-INTRO) Page 3