A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

OKLAHOMA

Oklahoma has laws addressing (1) jury duty; (2) breastfeeding in public and (3) workplace accommodations. The workplace accommodation statute does not require an employer to provide breaks or space to pump, but does encourage the practice. The workplace law takes effect November 1, 2006.

Title 63, Section 1-234.1 (2004)

"The Legislature hereby declares that breast-feeding a baby constitutes a basic act of nurturing to which every baby has a right and which should be encouraged in the interests of maternal and child health. In furtherance of this right, a mother may breast-feed her baby in any location where the mother is otherwise authorized to be. Breast-feeding shall not constitute a violation of any provision of Title 21 of the Oklahoma Statutes."

38 O.S. 2001, Section 28

"C. Mothers who are breast-feeding a baby, upon their request, shall be exempt from service as jurors."

Title 40, Section 435 (effective 11/1/06)

SECTION 1. A. An employer 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.
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 efforts" 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.
SECTION 2. This act shall become effective November 1, 2006.

Last updated 10/15/06 by jlm.

Page last edited Sun Oct 14 09:33:17 UTC 2007.