Pregnancy and Lactation Considerations Policy PDF

PREGNANCY AND LACTATION CONSIDERATIONS PREAMBLE: The Omaha Police Department (OPD) seeks to ensure that its employees are able to work free from discrimination, while ensuring that they are protected from the risks inherent in the performance of their duties. Discrimination on the basis of sex is...

PREGNANCY AND LACTATION CONSIDERATIONS PREAMBLE: The Omaha Police Department (OPD) seeks to ensure that its employees are able to work free from discrimination, while ensuring that they are protected from the risks inherent in the performance of their duties. Discrimination on the basis of sex is unlawful. This includes but is not limited to discrimination because of or due to pregnancy, childbirth, or related medical conditions. Adverse treatment or retaliation based on an employee’s pregnancy or lactation status or accommodations is prohibited. Allegations of adverse treatment or retaliation based on an employee’s pregnancy or lactation status or accommodation will be investigated pursuant to the policies of the Omaha Police Department and the City of Omaha. This policy is not intended to interfere with or diminish any rights or privileges to which an employee may be entitled under federal, state, or local law, or any other City or OPD policy or collective bargaining agreement. POLICY: It is the policy of the Omaha Police Department (OPD) to recognize pregnancy as a normal occurrence in a woman’s life. The Department will provide pregnant employees an opportunity to continue to participate in the work force and will make accommodations for new mothers related to lactation and/or health needs. PROCEDURE: I. General A. Pregnant employees are not required to disclose their pregnancy except as described in the OPD “Temporary Limited Duty” policy. B. Pregnant employees are eligible for temporary Limited Duty assignments appropriate to their physical capabilities and well-being. See the OPD “Temporary Limited Duty” policy for details. 1. The Department will attempt to ensure that the workplace of a known pregnant employee is free of toxic chemicals or activities that have heightened potential for physical trauma. 2. Unless the pregnant employee’s medical care provider has imposed physical restrictions prior to the employee’s third trimester, pregnant employees shall be allowed to decline Limited Duty Status if they prefer to stay in their regular duty assignment. If the employee prefers to remain in their regular duty assignment after the commencement of the third trimester, the employee shall notify the Employee Resources Sergeant of such. C. In general, pregnant sworn employees shall be granted an accommodation from Departmental sworn uniform requirements while working Temporary Limited Duty assignments and may wear Business Casual as described in the OPD “Dress Code” policy, unless another type of dress is suitable/agreed upon. D. Pregnant sworn employees are strongly encouraged to consult with their medical professional(s) regarding firearm qualifications and maternity-related issues. 1. A pregnant sworn employee may choose to qualify after acknowledging that she consulted with a medical care provider. If the sworn employee chooses to qualify, the Department will recommend non-toxic, lead-free ammunitions for pregnant officers who elect to qualify, and may provide such ammunition when possible.  2. Pregnant sworn employees who are unable to qualify due to their pregnancy or who elect not to do so shall coordinate with the OPD Training Specialist to request a waiver from the Nebraska Law Enforcement Training Center (NLETC). a. If the waiver is granted, the employee will be allowed to complete their qualification shoot at a later time coordinated with the Training Unit. b. If an NLETC waiver is not requested/received, the employee will need to contact the Training Unit upon their return to duty. The OPD Training Specialist will coordinate with the employee so they are able to complete the next qualification shoot. E. It is recommended that pregnant sworn employees not participate in an OPD Recruit Academy (either lateral or basic recruit training), due to the physical nature of the training and the required firearms qualifications. The Department is unable to accommodate recruits who cannot participate in all phases of training and firearms qualifications. In addition to the considerations discussed in subsection 1 below, the Department will work with a pregnant employee to allow the employee to participate in a subsequent OPD Recruit Academy once they are medically cleared. 1. If an employee learns they are pregnant during their Academy training phase, they shall promptly consult with the OPD Employee Resources Sergeant. Limited Duty assignments or other options may be made available. II. Lactation Accommodations A. Per the Fair Labor Standards Act (Break Time for Nursing Mothers Provision), employers shall provide: 1. Reasonable break time for an employee to express breast milk for her nursing child for one (1) year after the child’s birth each time such employee has a need to express the milk; – AND – 2. A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. B. Employees who need to express breast milk shall coordinate with the OPD Employee Resources Sergeant to determine lactation break times, location, and other lactation break/location details in cooperation with the employee’s command/supervisor(s). C. Lactation break time allowances and locations will be consistent with the Fair Labor Standards Act (Break Time for Nursing Mothers Provision). 1. Employees and their supervisors will work cooperatively to determine appropriate times to take lactation breaks during the workday, taking into consideration both the employee’s physical needs and the Department’s operational requirements. NOTE: The OPD Employee Resources Sergeant may be consulted as a resource and/or to facilitate, if needed. D. The following OPD facilities have designated Lactation Rooms designated for lactation purposes/use only: 2  1. Central Police Headquarters (in the 1st Floor Women’s Locker Room). 2. Southwest Precinct (in the 2nd Floor Women’s Locker Room). 3. West Precinct (in the Women’s Locker Room). 4. Public Safety Training Center (inside the Women’s Locker Room). E. Employees who need to express breast milk and do not have a designated Lactation Room at their assigned work location shall be allowed the use of a private office/room that can be locked from the inside during their lactation break times. 1. The room shall not be a bathroom/restroom, unsanitary closet, or storage room, etc. 2. A sign will also be provided to employees who are nursing mothers to be hung on the office/room door during the lactation break, to ensure other employees or facility personnel do not enter the room. Alternatively, if the employee is uncomfortable with a sign, the employee agrees that she will work with supervisors/command to take reasonable means to protect her privacy. 3. If a suitable room is not available at the employee’s assigned work location, arrangements shall be made for the employee to have access to a Lactation Room at the nearest OPD facility or another location nearby if approved by the employee’s supervisor. The employee’s allotted break time shall allow for the added time to travel to/from the facility/location. EXAMPLE: Due to limited room/office availability at Northeast Precinct, employees assigned to Northeast Precinct shall be allowed to utilize the Lactation Room at Central Police Headquarters (1st Floor Women’s Locker Room). EXAMPLE: The employee’s residence or a friend/relative’s residence may be nearby and preferable to the employee for her lactation break as compared to the next-closest OPD Lactation Room. F. Lactation breaks may be delayed if they would unreasonably disrupt Department operations. However, once a break has begun, the break shall not be interrupted except for emergency or exigent circumstances. III. Leave Due to Pregnancy or Related Issues A. Employees are allowed Family Medical Leave Act (FMLA) time off in accordance with the OPD “Leave Procedures” policy for details and related procedures. B. Use of annual leave or other forms of leave due to pregnancy and/or child-birth shall be in accordance with the OPD “Leave Procedures” policy. IV. Return to Duty Post-Pregnancy/Child-Birth A. Return to full duty will be in accordance with City of Omaha and OPD policies and procedures. B. Employees who return to work after pregnancy/child-birth-related absence shall coordinate with the OPD Employee Resources Sergeant, per the OPD “Leave Procedures” and/or “Temporary Limited Duty” policies. 3  NOTE: Reintegration tasks or an initial assignment to the Training Unit maybe required, as is normal procedure for any employee who returns from an extended leave. REFERENCES: I. Laws A. Federal Pregnancy Discrimination Act. B. Nebraska Fair Employment Act. C. Fair Labor Standards Act. II. City Policies A. City Human Resources policy #14, “FMLA – Family Medical Leave Act”; #20, “Leave” III. Municipal Codes A. Omaha Municipal codes §23-361 and 13-88 relate to this policy. IV. Previous OPD Orders A. Previous General Orders: #45-22 V. Accreditation Standards A. Accreditation standard 22.1.2 relates to this policy. 4