I. To acknowledge that, while the nature of police
work is hazardous, it is the decision of the pregnant
employee, as long as she is fit for duty, to perform
regularly assigned duties during pregnancy.
II. These guidelines are prepared to encompass the following principles:
No employee shall be discriminated against due to
pregnancy, childbirth, or related conditions.
Reasonable accommodations will be made to the extent
possible and pursuant to the applicable law.
DISCRIMINATION PROHIBITED
A. The law and this policy specifically prohibit
discrimination during pregnancy, childbirth, or
related conditions.
B. All employees are to be afforded the opportunity
to perform their jobs free of discrimination, harassment,
or retaliation.
C. A pregnant employee will be allowed to continue
performing her regularly assigned duties during pregnancy
for as long as she chooses or is determined to be able.
REASONABLE ACCOMMODATION
A. The reasonable accommodation process begins when
an employee makes known a need for accommodation.
There will be no assumption that an accommodation
is needed until the employee makes a request.
B. When requested, the department will seek to
provide a reasonable accommodation to pregnancy,
childbirth, or related conditions.
C. Requests for reasonable accommodation due to
pregnancy, childbirth, or related conditions will
be handled in the same way that other requests
for accommodation due to temporary medical conditions
are handled.
D. A determination of whether an accommodation is
reasonable will be made by the Chief of Police or
designee. The Chief of Police shall take into
consideration the request by the employee and her
private physician, as well as the recommendations
of the city and county physician, as appropriate.
NOTIFICATION
A. Notification to the employer of pregnancy is
optional and made at the employee’s own discretion.
B. Notification and appropriate documentation
are required when an accommodation due to a
pregnancy-related condition is requested. It
is the responsibility of the employee to obtain
the necessary and appropriate documentation of
any work-related limitations or restrictions and
recommended accommodations.
C. At any time that it is determined by the Chief
of Police that an employee is unable to perform the
essential functions of the job, the employee may be
directed to undergo a fitness-for-duty evaluation.
This review shall not be ordered simply because of
pregnancy, childbirth, or related conditions. The
standard procedures for a fitness-for-duty review
and determination shall be followed.
DUTY/WORK ASSIGNMENT DURING PREGNANCY
A. It will not be assumed that pregnancy by itself
yields the employee unfit for duty. Pregnant employees
will be allowed to perform the full range of duties
and participate in benefits of special duty and/or
overtime during pregnancy as long as they are able,
unless and/or until:
1. A reasonable accommodation is requested by the
employee that affects her ability to perform the
full range of duties and/or participate in special
duty and/or overtime; or
2. The employee is determined by the city and county
physician to be unable to perform her regularly assigned
duties. Standard procedures for a fitness-for-duty
review and determination will be followed.
B. Among the accommodation options available during
pregnancy, the employee may request limited duty,
light duty, or any authorized leave of absence
(e.g., sick leave, vacation leave, or leave without
pay). An accommodation (such as limited or light duty)
is granted at the discretion of the Chief of Police,
when the work is available and when it serves the need
of the department in fulfilling its mission and purpose.
C. A determination of fitness for duty will be made by
the city and county physician with the consultation of
the employee’s private physician.
D. The determination of whether an accommodation is
reasonable will be made by the Chief of Police. The
Chief of Police shall take into consideration the
request by the employee and her private physician, as
well as the recommendations of the city and county physician,
as appropriate.
UNIFORMS/ATTIRE
A. Where it can be safely and appropriately accommodated,
the wearing of alternative uniforms may be authorized.
Employees needing this accommodation may request approval
from the Chief of Police to purchase and wear an alternative
uniform.
B. An alternative uniform for employees may include
(but is not limited to) a utility uniform. Only uniforms
meeting departmental specifications shall be allowed.
The cost of the alternative uniform shall be the
responsibility of the employee, subject to departmental
policy and, if applicable, appropriate collective
bargaining unit agreement.
LEAVE OF ABSENCE
A. An employee determined unable to return to duty
or who cannot be reasonably accommodated due to pregnancy,
childbirth, or related conditions will be provided a
leave of absence.
B. During a pregnancy-related leave of absence,
an employee may use:
1. Accumulated sick leave;
2. Accumulated vacation; and/or
3. Accumulated compensatory time.
C. Should all accumulated leaves be exhausted,
the employee’s absence may be recorded as leave without pay.
D. While on leave without pay, the employee is
responsible for all costs of participating in any
group benefit (such as health or life insurance).
E.Temporary disability insurance (TDI) is a separate
benefit and may be available in some situations. It
is the employee’s responsibility to inquire about the
eligibility and procedures for making claims for TDI.
RETURN TO DUTY
A. As with other medical leaves, the employee may
return to duty upon providing appropriate documentation
by her private physician and obtaining clearance
from the city and county physician that she is able
to return to duty.
B. Should an employee be cleared for restricted
duty only, management will determine if the restriction
can be reasonably accommodated.
COMPLAINTS OR CONCERNS
A. Any employee who has any complaints or concerns
regarding this policy should inform his or her
immediate supervisor. If the immediate supervisor
is responsible for the alleged discrimination, the
complaint or concern should be reported to the
supervisor at the next higher level.
B. Complaints or concerns may also be reported
directly to the department’s equal employment
opportunity (EEO) officer, the Chief of Police,
or the city’s EEO officer.