Oklahoma § 40-435 - Break time and accommodations for expressing milk or

§ 40-435. Break time and accommodations for expressing milk or

breast-feeding.

A. 1. An employer other than a state agency may provide

reasonable unpaid break time each day to an employee who needs to

breast-feed or express breast milk for her child to maintain milk

supply and comfort. The break time, if possible, shall run

concurrently with any break time, paid or unpaid, already provided

to the employee. An employer is not required to provide break time

under this section if to do so would create an undue hardship on the

operations of the employer.

2. Every state agency shall allow an employee who is lactating

reasonable paid break time each day to use the designated lactation

room for the purpose of maintaining milk supply and comfort.

B. An employer may make a reasonable effort to provide a

private, secure, and sanitary room or other location in close

proximity to the work area, other than a toilet stall, where an

employee can express her milk or breast-feed her child.

C. The Department of Health shall issue periodic reports on

breast-feeding rates, complaints received, and benefits reported by

both working breast-feeding mothers and employers.

D. As used in this section:

1. "Employer" means a person engaged in business who has one or

more employees, including the state and any political subdivision of

the state;

2. "Employee" means any person engaged in service to an

employer in the business of the employer;

3. "Reasonable" means any effort that would not impose an undue

hardship on the operation of the employer's business; and

4. "Undue hardship" means any action that requires significant

difficulty or expense when considered in relation to factors such as

the size of the business, its financial resources, and the nature

and structure of its operation.

Added by Laws 2006, c. 85, § 1, eff. Nov. 1, 2006. Amended by Laws

2020, c. 62, § 1, eff. Nov. 1, 2020.