Police Department Policy

3705176

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date : November 7, 2024 NEW - Number: 4.1.8 Distribution: All Personnel Review Month: May Reviewing Authority: HRD Subject : Pregnancy This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide options that allow for a pregnant employee to remain working in a full -time capacity and perform full -duty assignments, and with alternative duty assignments or a combination thereof. This policy seeks to ensure an employee’s right to work free from discrimination and establishes protocols for providing pregnant and/or lactating employees’ reasonable accommodatio ns (which may include temporary assignments) when they are unable to perform part, or all of their job responsibilities for medical reasons relate d to pregnancy (in accordance with the PUMP Act). 2. Policy This agency recognizes its diverse workforce is an asset and that trained and experienced employees are a critical resource. Pregnancy is a temporary physical condition, which may or may not affect an employee’s ability to perform many of the usual duties of their job classification. This policy establishes pro cedures to provide guidance in reference to reasonable accommodations for pregnant employees. It is the policy of this agency not to discriminate against an employee who becomes pregnant. 3. Definitions A. ADA Coordinator - the individual who monitors agency and applicant disabilities to determine ability to perform the essential functions of the job and the need for reasonable accommodation. The Human Resources Division Commander or designee is the agency's ADA Coordinator. B. The Pregnant Workers' Fairness Ac t requires all private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations to make reasonable accommodations for known limitations related to the pregnancy, childbirth, or related medical condition of a job applicant or employee, unless doing so would impose an undue hardship. C. The Providing Urgent Maternal Protections ( PUMP Act ) for Nursing Mothers Act - (enforced by the U.S. Department of Labor) broadens workplace protections for 4.1.8, Page 2 of 4 employees to express breast milk at work . D. Reasonable Accommodation - any modification or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enabled an individual who is qualified to perform the essential functions of that position. Reasonable accommodations are changes to the work environment or the way things are usually done at work. 4. Procedures A. Requirements for a Pregnant Employee To provide employees the right to work in law enforcement and have children, management must ensure any policy regarding pregnancy must embody these basic protections. 1. Any decisions as to the fitness of an employee to perform their essential functions shall be determined by the employee and/or medical personnel and not by agency administrators, unless safety becomes an issue. 2. During a pregnancy, upon written recommendation of a physician, an employee may request reaso nable accommodations during their pregnancy. 3. If an employee is unable to work in any capacity due to medical complications, refer to GO 4.1.6 will apply. B. Full-Duty Option 1. During a pregnancy, an employee may be able to continue to work in their usual, full -duty assignment until at some point during the pregnancy where the employee and physician deem it is in the best interest of the employee to not do so. Employees must conf er with their personal physicians, providing them with the agency’s job description that delineates the essential job functions and a copy of this policy. Job descriptions can be found within Human Resources. 2. Both the physician and the employee are expected to consider the risks and benefits of remaining on a full -duty status absent a compelling medical or public safety reason. 3. The agency will make every reasonable effort to avoid assigning full -duty pregnant employees to units in which the work involves the likelihood of encountering toxic chemicals. Assignment of pregnant employees to units in which the work involves a high likelihood of suffering trauma should also be avoided. 4. The agency will consider any s pecific restrictions identified by the employee’s physician. Reasonable accommodation will be considered of an eligible pregnant employee. Reasonable accommodations are granted at the sole discretion of the Sheriff who has designated the Human Resources Division Commander or designee to assign employees. All reasonable accommodations requests will be forwarded to the Human Resources 4.1.8, Page 3 of 4 Division Commander or designee for approval and the decision will be made consistent with the operational needs of the agency. 5. Pregnant and/or lactating employees are encouraged to contact Range staff who shall provide information on reasonable precautionary measures to reduce potential contamination from lead and noise for firearm training and qualifications. C. Uniform Modifi cations Employees assigned to position where they are required to wear a uniform shall be provided the following accommodations: 1. Pregnant uniformed employees who choose to remain full -duty may request a modified uniform , via supply , to accommodate their p regnancy. 2. For sworn employees who are pregnant and choose to remain full -duty the following will apply: a. Sworn employees who are pregnant and who choose to remain full- duty are not exempt from wearing body armor when engaged in field activities. b. Sworn employees who are pregnant and choose to

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