by Amy Spangler
April 09, 2007

The Oregon House of Representatives recently approved a bill by a vote of 49-7 that would give breastfeeding mothers the opportunity to express their breast milk while at work. House Bill 2372 would apply to employers of 25 or more employees. The bill now goes to the Senate, where passage is expected.

“There is no nutrient as important to an infant as breast milk,” said House Speaker Jeff Merkley. “This bill gives nursing mothers more opportunities to provide that nourishment to their children and that is something we should encourage in as many ways as possible.”

Compromise is key to getting a bill approved.

If you review House Bill 2372 in its entirety, you will see elements of compromise throughout, including 18 amendments offered by Representative Carolyn Tomei, Chair of the Human Services and Women’s Wellness Committee.

Insertion of the word “shall” in place of the word “may” lends strength to the provisions in the bill. One example is the provision that, “An employer shall provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child.”

On the other hand, use of the words “reasonable effort” and “undue hardship” were inserted in an effort to allay concerns about how the bill might affect employers, and to gain support for the bill. Examples include: “Employers 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” and “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.”

Anyone familiar with the legislative process knows that it is easier to modify and strengthen an existing bill than it is to get a new bill approved. This bill even has an enforcement component.