I. Purpose. The purpose of this Accommodations for Pregnancy, Childbirth or Related Conditions Procedure (“Procedure”) is to implement the College’s Disability Accommodations Policy (“Policy) and Employee Disability Accommodations Procedure for Pregnancy, Childbirth or Related Conditions of Employees and Applicants.
II. Scope and Applicability
A. This Procedure applies to College Employees and Applicants seeking accommodations for Pregnancy, Childbirth or Related Conditions.
B. Student employees seeking an Accommodation for Pregnancy, Childbirth or Related Conditions in the workplace must follow this Procedure.
C. If there is any conflict between this Procedure and the Employee Disability Accommodation Procedure, this Procedure shall take precedence with respect to requests for Accommodations related to Pregnancy, Childbirth or Related Conditions.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy or Employee and Applicant Disability Accommodation Procedure unless this Procedure provides a different meaning for the term, in which case the meaning provided in this Procedure shall take precedence.
B. All other capitalized terms in this Procedure have the following meanings:
1. Employee's Representative means a family member, friend, union representative, health care provider, or other representative of the employee.
2. Known Limitation means Physical or Mental Condition of the Employee or Applicant that is related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions that the Employee or Employee's Representative has communicated to the College, whether or not such condition meets the definition of Disability in the Policy. The Physical or Mental Condition may be modest, minor, and/or episodic and need not constitute a Disability within the meaning of the Policy.
3. “Pregnancy” and “childbirth” refer to the pregnancy or childbirth of the specific employee in question and include, but are not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery).
4. “Related medical conditions” are medical conditions relating to the pregnancy or childbirth of the Employee. The following is a non-exhaustive list of examples of conditions that are, or may be, “related medical conditions”: termination of pregnancy, including via miscarriage, stillbirth, or abortion; ectopic pregnancy; preterm labor; pelvic prolapse; nerve injuries; cesarean or perineal wound infection; maternal cardiometabolic disease; gestational diabetes; preeclampsia; HELLP (hemolysis, elevated liver enzymes and low platelets) syndrome; hyperemesis gravidarum; anemia; endometriosis; sciatica; lumbar lordosis; carpal tunnel syndrome; chronic migraines; dehydration; hemorrhoids; nausea or vomiting; edema of the legs, ankles, feet, or fingers; high blood pressure; infection; antenatal (during pregnancy) anxiety, depression, or psychosis; postpartum depression, anxiety, or psychosis; frequent urination; incontinence; loss of balance; vision changes; varicose veins; changes in hormone levels; vaginal bleeding; menstruation; and lactation and conditions related to lactation, such as low milk supply, engorgement, plugged ducts, mastitis, or fungal infections.
5. The PUMP Act is the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) (Pub. L. 117-328, Div. KK, 136 Stat. 4459, 6093 (2022)).
6. Qualified Employee with respect to an Employee with a Known Limitation under this procedure means an Employee who, with or without reasonable accommodation, can perform the Essential Functions of the employment position.
7. Self-confirmation means a simple statement where the Employee confirms the physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth, Related Medical Conditions, or Known Limitations, and the adjustment or change at work needed due to the conditions and/or Limitation. The statement can be made in any manner and can be made as part of the request for reasonable accommodation under paragraph (h)(2) of this section.
IV. Types of Accommodations that May Be Considered
A. The College will make Reasonable Accommodation to the Known Limitations of a Qualified Employee related to Pregnancy, Childbirth, or Related Medical Conditions, absent Undue Hardship;
B. Examples of such Reasonable Accommodation may include, but are not limited to:
1. Making existing facilities used by Employees readily accessible to and usable by Employees with known limitations;
2. Job restructuring;
3. Part-time or modified work schedules;
4. Reassignment to a vacant position;
5. Breaks for use of the restroom, drinking, eating, and/or resting;
6. Acquisition or modification of equipment, uniforms, or devices, including devices that assist with lifting or carrying for jobs that involve lifting or carrying;
7. Modifying the work environment;
8. Providing seating for jobs that require standing, or allowing standing for jobs that require sitting;
9. Appropriate adjustment or modifications of examinations or policies;
10. Permitting the use of paid leave (whether accrued, as part of a short-term disability program, or any other employer benefit) or providing unpaid leave for reasons including, but not limited to, recovery from childbirth, miscarriage, stillbirth, or medical conditions related to pregnancy or childbirth, or to attend health care appointments or receive health care treatment related to pregnancy, childbirth, or related medical conditions;
11. Placement in a light or modified duty program or assignment to light duty or modified work;
12. Telework, remote work, or change of work site;
13. Adjustments to allow an Employee to work without increased pain or increased risk to the Employee's health or the health of the pregnancy;
14. Temporarily suspending one or more Essential Functions of the position;
15. Providing a reserved parking space if the Employee is otherwise entitled to use employer-provided parking; and
16. Other similar accommodations for Employees with known limitations under the PWFA.
C. The Reasonable Accommodation of leave includes, but is not limited to:
1. The ability to use paid leave (whether accrued, short-term disability, or another employer benefit) or unpaid leave, including, but not limited to, leave during pregnancy; to recover from childbirth, miscarriage, stillbirth, or other related medical conditions; and to attend health care appointments or receive health care treatments related to pregnancy, childbirth, or related medical conditions;
2. The ability to use paid leave (whether accrued, short-term disability, or another employer benefit) or unpaid leave for a Known Limitation; and
3. The ability to choose whether to use paid leave (whether accrued, short-term disability or another employer benefit) or unpaid leave to the extent that the College allows Employees using leave for reasons not related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions to choose between the use of paid leave and unpaid leave.
With respect to leave as an accommodation, the relevant inquiry is whether the Employee is reasonably expected to be able to perform the Essential Functions, with or without a reasonable accommodation, at the end of the leave, if time off is granted, or if the Employee is a Qualified Employee as set out in this procedure after returning from leave.
D. A reasonable accommodation related to lactation includes, but is not limited to:
1. Breaks, a space for lactation, and other related modifications as required under the PUMP Act;
2. Accommodations related to pumping, such as, but not limited to, ensuring that the area for lactation is in reasonable proximity to the Employee's usual work area; that it is a place other than a bathroom; that it is shielded from view and free from intrusion; that it is regularly cleaned; that it has electricity, appropriate seating, and a surface sufficient to place a breast pump; and that it is in reasonable proximity to a sink, running water, and a refrigerator for storing milk;
3. Accommodations related to nursing during work hours (where the regular location of the Employee's workplace makes nursing during work hours a possibility because the child is in close proximity)
E. The temporary suspension of one or more Essential Functions of the position in question is a Reasonable Accommodation if an Employee with a Known Limitation is unable to perform one or more Essential Functions with or without a Reasonable Accommodation and the following conditions are met.
1. Any inability to perform an Essential Function(s) is for a temporary period, where “temporary” means lasting for a limited time, not permanent, and may extend beyond “in the near future”;
2. The essential function(s) could be performed in the near future. This determination is made on a case-by-case basis. If the Employee is pregnant, it is presumed that the employee could perform the essential function(s) in the near future because they could perform the essential function(s) within generally 40 weeks of its suspension; and
3. The inability to perform the essential function(s) can be reasonably accommodated. This may be accomplished by temporary suspension of the Essential Function(s) and the Employee performing the remaining functions of their position or, depending on the position, other arrangements, including, but not limited to: the employee performing the remaining functions of their position and other functions assigned by the covered entity; the employee performing the functions of a different job to which the covered entity temporarily transfers or assigns the employee; or the employee being assigned to light duty or modified duty or participating in the covered entity's light or modified duty program.
V. Evaluation of Accommodation Requests Related to Pregnancy and Related Conditions
Responsibility for consideration of Accommodation requests lies with HR, who will evaluate the requests in accordance with the Employee and Applicant Disability Accommodations Procedure.
A. Documentation of Disability
1. HR will generally follow the Employee and Applicant Disability Accommodation Procedure in requesting documentation regarding the Employee’s need for an Accommodation under this Procedure only if HR needs documentation to determine whether the Employee has a physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions and needs an adjustment or change at work due to the limitation.
2. The following situations are examples of when HR will not seek supporting documentation:
a. When the physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions, and the adjustment or change at work needed due to the limitation are readily apparent and the Employee provides Self-Confirmation;
b. When the College already has sufficient information to determine whether the Employee has a physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions and needs an adjustment or change at work due to the limitation;
c. When the Employee is Pregnant and seeks one of the following modifications due to a physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth or Related Medical Conditions and the Employee provides Self-Confirmation;
i. Allowing an Employee to carry or keep water near and drink, as needed;
ii. Allowing an Employee to take additional restroom breaks, as needed;
iii. Allowing an Employee whose work requires standing to sit and whose work requires sitting to stand, as needed; and
iv. Allowing an Employee to take breaks to eat and drink, as needed.
d. When the Reasonable Accommodation is related to a time and/or place to pump at work, other modifications related to pumping at work, or a time to nurse during work hours (where the regular location of the Employee's workplace makes nursing during work hours a possibility because the child is in close proximity), and the Employee provides Self-Confirmation, as defined in paragraph (l)(4) of this section; or
e. When the requested accommodation is available to Employees without known limitations due to Pregnancy, Childbirth or Related Medical Conditions pursuant to the College’s policies or practices without submitting supporting documentation.
3. If documentation is needed to support the existence of a Disability, HR will follow the Employee and Accommodation Disability Accommodation Procedure in requesting and evaluating the documentation.
4. If the Employee is also a Student, HR will provide the Employee with the contact information of the College’s Title IX Coordinator and inform the Employee that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the Student’s equal access to the College's education program or Activity.
B. Determination of Whether the Employee or Applicant is a Qualified Individual with a Disability
1. The College will make reasonable accommodation to the Known Limitations of a Qualified Employee related to Pregnancy, Childbirth, or Related Medical Conditions, absent Undue Hardship;
2. If HR is unsure whether a condition qualifies as a Known Limitation or Disability, or the Employee or Applicant is a Qualified Employee related to Pregnancy, Childbirth or Related Medical Conditions, HR must consult with the Office of General Counsel.
3. If, after this consultation, HR determines that the Employee's or Applicant’s condition does not qualify as a Known Limitation or Disability or the Employee or Applicant is not a Qualified Individual, HR must notify the Employee or Applicant in writing of this determination and the basis for determination.
C. Determining the Existence of an Undue Hardship
1. In determining whether an Accommodation Request poses an Undue Hardship, HR will follow the Employee and Applicant Accommodation Disability Procedure in considering the practical and financial impact on the overall resources of the College and the standards or structure of the Service.
2. If the Employee needs one or more Essential Functions of the relevant position to be temporarily suspended, the College will use the following factors in determining the existence of Undue Hardship, with no one factor to be dispositive:
a. The length of time that the Employee will be unable to perform the Essential Function(s);
b. Whether there is work for the employee to accomplish, including, but not limited to whether the employee can perform the remaining functions of their position and other functions assigned by the covered entity; the employee can perform the functions of a different job to which the covered entity temporarily transfers or assigns the employee; or the employee can be assigned to light duty or modified duty or participate in the covered entity's light or modified duty program.
c. The nature of the essential function(s), including its frequency;
d. Whether the College has provided other Employees in similar positions who are unable to perform the Essential Function(s) of their position with temporary suspensions of the essential function(s);
e. If necessary, whether there are other employees, temporary employees, or third parties who can perform or be hired to perform the essential function(s); and
f. Whether the essential function(s) can be postponed or remain unperformed for any length of time and, if so, for how long.
D. Determining the Existence of a Direct Threat
Concerns that a Qualified Employee may present a Direct Threat to self or others will be addressed under the “Undue Hardship” section of this Procedure.
VIII. Implementing Disability Accommodations, Duration of the Accommodation, Provisional Disability and Monitoring and Modifying the Disability Accommodation.
Implementation of Accommodations, the Duration of Accommodations, Provisional Accommodations and Monitoring and Modifying the Disability Accommodation are addressed as provided in the Employee and Application Disability Accommodation Procedure.
XIV. Appeals and Complaints
Appeals and Complaints are addressed in the Employee and Application Disability Accommodation Procedure.
Procedure Title: Interim Employees and Applicants Accommodations for Pregnancy, Childbirth or Related Conditions Procedure
Policy Owner: President
Policy Administrator: Executive Director of Human Resources
Contact Information: slboyer1@aacc.edu; 410-777-2045
Approval Date: July 22, 2024
Effective Date: September 16, 2024
History: N/A
Applies to: All Employees and Applicants
Related Policies: Disability Accommodations Policy
Related Procedures: Employees and Applicants Disability Accommodation Procedures
Forms/Guidelines:
Relevant Laws: