Prohibitions against Pregnancy Discrimination
Discrimination because of sex is prohibited. “Because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. Women affected by pregnancy, childbirth or related medical conditions or occurrences must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work by reason of physical condition.
Oregon does not provide additional protections to the federal law.
Pregnancy-related Disability Accommodation
Oregon does not specifically accommodate pregnancy or its attendant medical conditions as a disability.
Nursing mothers have the right to breastfeed in public. It is unclear whether this authorization always extends to a woman’s place of employment.
Women are entitled to reasonable unpaid breaks during each four-hour shift to breastfeed or pump.
*Applies to employers with twenty-five or more employees.
Family and Childcare Leave Laws
An eligible employee is entitled to up to 12 weeks of unpaid family leave within any one-year period. In addition to the 12 weeks of leave, an eligible female employee may take a total of 12 weeks of leave within any one-year period for an illness, injury or condition related to pregnancy or childbirth that disables the eligible employee from performing any available job duties offered by the employer. Oregon includes domestic partners for the purpose of family leave.
*Applies to the public sector and to employers of at least 25 employees for at least 20 weeks of the year. Employees are eligible providing they work at least 25 hours per week and have been employed by the covered employer for at least 180 days immediately before the date on which the family leave would commence.
Workers who earn paid leave are entitled to use it for the care of a new child or a family member with a serious health condition (including pregnancy disability). Oregon includes domestic partners for the purpose of family leave.
*Applies to the public sector and employers of at least 25 employees for at least 20 weeks of the year.
For the federal Pregnancy Discrimination Act, click here.
For the federal Family and Medical Leave Act, click here.
For further information on your pregnancy rights, contact Legal Momentum.
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