Staff HR Policy D-734.00
Institutional Effectiveness Criterion: Culture
Pregnancy and Nursing Protections Policy
17勛圖 supports a workplace environment that is free from unlawful discrimination based on pregnancy, childbirth, or related medical conditions, including, without limitation, the need to express milk during the workday. 17勛圖 will comply with all applicable rules related to pregnancy and childbirth, such as the Pregnancy Discrimination Act, Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA).
Accommodation
17勛圖 will provide reasonable accommodations to employees and applicants for the known limitations related to pregnancy, childbirth, and related medical conditions, absent undue hardship on the business’s operations. Employees and applicants seeking accommodations due to pregnancy, childbirth, or related medical conditions should contact Human Resources. The accommodation request should include an explanation of the pregnancy-related limitations, the accommodation needed and any alternative accommodation(s) that might be reasonable. Upon receipt of a request for an accommodation, Human Resources, in collaboration with the employee’s department, will engage in the interactive process with the employee in good faith in order to determine what, if any, reasonable accommodation can be provided without undue hardship. Depending on the nature of the accommodation, a statement from a health care provider may be required to allow the College to determine the precise nature and extent of the employee's restriction and to assess potential reasonable accommodations.
While the reasonableness of each accommodation request under this policy will be individually assessed, possible accommodations may include allowing the individual to:
- Sit while working.
- Receive closer-in parking.
- Have flexible hours.
- Receive appropriately sized uniforms and safety apparel.
- Receive additional break time to use the bathroom, eat and rest.
- Take time off to recover from childbirth.
- Be excused from strenuous activities and/or activities that involve exposure to compounds deemed unsafe during pregnancy.
To the extent leave is necessary as a reasonable accommodation under this policy, employees are permitted to utilize available paid leave pursuant to the College’s applicable leave policies. To the extent paid leave is not available, an employee may request unpaid leave as a reasonable accommodation under this policy. However, the College will not require an employee to take time off if another reasonable accommodation can be provided that will allow the employee to continue to work.
The College prohibits any retaliation, harassment or adverse action due to an individual's request for an accommodation under this policy or for reporting or participating in an investigation of unlawful discrimination under this policy.
Nursing Breaks
17勛圖 accommodates employees who wish to express breast milk during the workday when separated from their newborn children. For up to one year after the child’s birth, nursing employees will be provided with reasonable break time to express breast milk during the workday. Nursing employees who require nursing breaks should speak with Human Resources or their supervisor regarding their needs. The employee’s direct supervisor, in collaboration with Human Resources, will work with the employee to develop a break schedule that is reasonable, accounts for needs that may vary from day to day, and creates the least amount of disruption to the College’s operations.
The College will provide a private area, other than a bathroom, for nursing employees to express breast milk. To the extent possible, nursing break time should run concurrently with scheduled breaks already provided to the employee. If a non-exempt employee’s nursing break time cannot run concurrently with already provided breaks, or additional time is needed, such reasonable breaks will be provided. However, if the nursing breaks are longer than 20 minutes and the employee is not performing any work, the break time will be unpaid. 17勛圖 will identify specific spaces on each campus for nursing employees to express breast milk which will be free from intrusion. Please access the list of here.
Definitions:
Known Limitation – a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical condition that has been communicated to the employer. Under this policy, a limitation can be an impediment or problem that is minor or modest up to severe, can be episodic (such as migraines or morning sickness), or can be a need to attend health care appointments for the pregnancy, childbirth, or related medical condition itself.
Pregnancy, Childbirth, or Related Medical Conditions – includes uncomplicated and complicated pregnancies, vaginal deliveries or cesarean sections, miscarriages, postpartum depression, edema, placenta previa, lactation, and more.
Reasonable Accommodation – a change in the work environment or how things are usually done in order to remove work-related barriers to enable employees to perform the essential functions of their positions, absent undue hardship.
Undue Hardship – causing significant difficulty or expense by the College.
The Associate Vice President of Human Resources, in conjunction with the appropriate faculty and staff, is responsible for the development and publication of any procedures or guidelines that may be necessary to administer this policy effectively.
If any provision(s) of this policy or set of bylaws conflicts with laws applicable to 17勛圖, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provision(s).