1004 - Pregnancy, Childbirth, or Related Medical Condition Accommodation

Category

Equal Employment Opportunity

Audience List

• Employee Relations Officers
• Administrative Services Directors
• Equal Employment Opportunity Officers
• Human Resources Directors
• Reasonable Accommodation Coordinators

Synopsis

This policy

• Asserts requirement to provide reasonable accommodation to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions (including lactation), unless the accommodation will cause undue hardship.
• Provides guidance on developing and administering pregnancy accommodation policy and process.  
• Instructs on the requirement to engage in the interactive process with employees who request pregnancy accommodation.
• Advises on accommodation requirements relating to lactation accommodation, e.g., break periods and appropriate workplace spaces for lactation.
• Identifies the potential penalty for employers that violate the provisions of the statutes.

Introduction

Federal and state laws require employers to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical condition (including lactation), unless the accommodation will cause undue hardship. This policy outlines requirements for each state department.

Statement

Departments shall provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical condition (including lactation), unless the accommodation will cause undue hardship. An employer shall not discriminate or retaliate against an employee for exercising or attempting to exercise any right to pregnancy accommodation.

Application

State departments shall develop and implement a policy on providing reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical condition (including lactation), unless the accommodation will cause undue hardship. Federal law defines these known limitations as “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” (including lactation), communicated to the department by the employee or the employee’s representative. The limitation does not have to meet the disability definition set forth by the Americans with Disabilities Act or the Fair Employment and Housing Act.

The policy shall describe the process by which employees can request accommodation, employer obligations to respond and engage in the interactive process, and the right of employees to file a complaint with the department or the relevant regulatory agencies, e.g., California Civil Rights Department, United States Equal Employment Opportunity Commission, or the Labor Commissioner. Departments shall include the policy in an employee handbook or set of policies that the employer distributes to employees upon hire as well as provide it when employees inquire about requests for parental leave.

The department shall notify the employee in writing of the accommodation decision. Appeal and complaint filing options shall be included in accommodation denial notices. Departments are advised to maintain a record of the written requests for accommodation that include the name of the employee, the date of the request, and a description of how the employer addressed the request. Documents produced or collected through the reasonable accommodation process are subject to the department’s records retention policy.

Departments shall not discriminate or retaliate against an employee for exercising or attempting to exercise any right to accommodation.

Lactation Accommodation

Accommodation examples covered by this policy include providing a reasonable amount of break time and an appropriate location to accommodate an employee’s lactation needs. Departments are advised to be flexible, accommodating, and in compliance with state and federal laws.

If possible, the time allotted for the purpose of lactation should run concurrently with any break time already provided to the employee. Frequency and duration of lactation will vary. While the routine break times provided may be sufficient for some employees to complete the process, others may need additional time. Departments are advised to provide flexible scheduling for employees with lactation needs.

Statutes require departments to provide the employee with the use of a room or other location in which to express breast milk in private. The room or location must be in close proximity to the employee’s work area, other than a restroom, and must be shielded from view and free from intrusion by coworkers and the public while the employee is expressing milk. The room or location where the employee normally works may be used for this purpose if it otherwise meets the following requirements:

• Safe, clean, and free of hazardous materials as defined in Labor Code section 6382.
• Contains a surface to place a breast pump and personal items.
• Contains a place to sit.
• Have electricity or alternative devices, including, but not limited to, extension cords or charging stations needed to operate an electric or battery-powered breast pump.

Additionally, the department must provide, in close proximity to the employee’s workspace, access to a sink with running water and a refrigerator or another cooling device suitable for storing milk, such as an employer-provided cooler.

Examples of workplace spaces which may be appropriate include a vacant office, a first aid room, a dressing room (which is not part of a restroom), or a room or office space which can be made available during specific times of the day for this purpose. To facilitate privacy, a lock must be installed on the door and a sign on the entrance indicating the room is in use.

An employer who violates the provisions of applicable California statutes may be subject to a civil penalty in the amount of $100 for each day that an employee is denied reasonable break time or adequate space for lactation accommodation needs.

Additionally, the denial of reasonable break time or adequate space is deemed a failure to comply with Labor Code section 226.7, which mandates rest and recovery periods. The penalty for failure to provide such rest and recovery periods is one additional hour of pay at the regular rate of compensation for each workday a rest or recovery period is not provided.

Authorities

• California Code of Regulations, title 2, section 2626-1
• Fair Labor Standards Act section 7(r)
• Labor Code sections 1030 to 1034
• 42 USC Ch. 21G

Resources

Related Policies

• Sample Pregnancy Policy: Pregnancy, Childbirth, or Related Medical Condition Accommodation Policy

Web Pages

• EEOC: What You Should Know About the Pregnant Workers Fairness Act: What You Should Know About the Pregnant Workers Fairness Act
• United States Equal Employment Opportunity Commission (EEOC): The Pregnant Workers Fairness Act: The Pregnant Workers Fairness Act

Authorized By

Division Chief
Civil Rights
California Department of Human Resources

Contact Person

Civil Rights
Program Manager
Phone: 916-273-8746
Email: civil.rights@calhr.ca.gov

Superseded Policies

History

View History