New year, new laws

Oregon implements expanded pregnancy employee protections

Oregon has a new law taking effect that ensures employees have strong protections related to pregnancy, childbirth, or related medical conditions, which includes lactation, effectively expanding upon existing federal and state law. The new law, which was signed in May 2019 by Oregon governor Kate Brown, intends to prevent workplace discrimination for women who are pregnant or have recently returned to work after having a baby. Under the new law, Oregon employers with 6 or more employees may not discriminate against an employee or applicant on the basis of an employee’s need for reasonable accommodations due to pregnancy, childbirth, or related medical conditions, listed as things like “modification of work schedules or job assignments” or longer or more frequent break periods. This builds upon another new law that took effect in Oregon in September 2019 requiring employers of all sizes to provide more flexible lactation breaks for employees who are breastfeeding. The new law requires employers to provide “a reasonable rest period to express milk” each time an employee needs it. Under the new pregnancy accommodation law in effect as of January 1st, employers must provide written notice on new protections to all current employees and new hires including through posters and notices in the office.

Paid leave for any reason takes effect in Nevada

Nevada now requires that private employers with 50 or more employees provide up to 40 hours of paid leave for any reason per benefit year, making it only the second state to pass this type of legislation (with Maine, which also passed paid leave for any reason last year to go into effect in 2021). Under the new law, the paid leave benefit extends to any employee who works 40 hours a week. Employees may use the leave without telling their employer the reason for its use, but in situations where the employee is on FMLA leave, employers can ask if an absence is being used as FMLA leave and the provisions of the FMLA will continue to apply. While this amount of paid leave is not substantial for a new parent, this is the first time Nevadans will be able to access any paid leave after welcoming a new baby as FMLA leave remains unpaid in the state.