PREGNANT OFFICERS A-220 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: PREGNANT OFFICERS NO: A-220
FILE: PREGNANT OFFICERS
EFFECTIVE DATE: 02-18-91 REVISED: 11-04-91, 12-25-94, 07-01-99, 06-01-06,
07-01-20
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: Pregnancy Discrimination Act, 1978 (amendment to Title VII of the Civil
Rights Act of 1964); United Automobile Workers v. Johnson Controls, Inc., 499 U.S.
187 (1991); Fresno County Sheriffs Office policy 1023; and "The Pregnant Officer"
Clinics in Occupational and Environmental Medicine, Volume 3, Issue 3 (August
2003).
PURPOSE:
The purpose of this policy is to establish procedures for pregnant employees to ensure the
best possible outcome of the pregnancy and to decrease the female officer's professional
risks.
POLICY:
It is the policy of the Fresno County Sheriffs Office Jail Division that pregnant officers have
the option to alter their work assignment to a modified duty assignment that does not
involve direct contact with inmates.
It is the policy of the Fresno County Sheriffs Office Jail Division that the decision as to
when to commence a modified duty assignment shall be left to the pregnant officer and her
physician.
PROCEDURES:
I. NOTIFICATION OF PREGNANCY
A. Officers are encouraged to report their pregnancy as soon as possible for
management planning purposes. However, no officer shall be required to
disclose a pregnancy, unless or until the member has reason to believe
she cannot continue to safely perform in her current duty assignment.
B. Pregnant officers have the option to alter their work assignment to a
modified duty assignment that does not involve direct contact with
inmates.
Page 1 of 5
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: PREGNANT OFFICERS NO: A-220
FILE: PREGNANT OFFICERS
II. FULL-DUTY OPTION
A. A pregnant officer may continue to work in her usual, full-duty assignment
as long as she is physically able and willing to perform her current
assignment.
1. A pregnant officer cannot be compelled to assume a modified duty
assignment unless her condition unreasonably interferes with her
ability to perform in a full-duty capacity and she is unable to perform
the essential functions of an officer.
2. A pregnant officer's duty assignment shall not be changed based
upon stereotypes about what types of work pregnant women should
do, concerns about public perceptions of pregnant officers, or notions
of fetal protection.
B. The pregnant officer should involve her personal physician in considering
and weighing the occupational hazards associated with corrections work.
Risks that should be taken into consideration include physical
confrontations and close contacts which could increase the risk for
transmission of infectious diseases, including HIV, viral hepatitis and
tuberculosis.
C. Officers who choose to remain on full-duty status are not exempt from
wearing the regulation duty belt.
D. If the officer's full-duty assignment requires firearms qualification (e.g.,
Transportation Officers), the officer is expected to confer with her personal
physician and consider the potential risks associated with heavy metal
exposure and noise levels prior to shooting. It is recommended that the
officer provide her physician with a copy of Addendum A for review and
consideration. (Refer also to Section IV of this policy.)
E. As necessary, duty belt and protective vest re-fits maybe provided by the
Training Unit.
III. MODIFIED ASSIGNMENT — MATERNITY DUTY
A. The decision as to when to commence a modified duty assignment shall
be left to the pregnant officer and her physician.
Page 2 of 5
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: PREGNANT OFFICERS NO: A-220
FILE: PREGNANT OFFICERS
1. Officers who desire a modified assignment must submit a statement
from their physician to the Sheriff's Human Resources Unit. The note
should include a specific description of any limitations or restrictions,as
well as the anticipated due date.
2. Upon receipt of the physician's statement, Human Resources will
explain the rights afforded to pregnant employees and inform the
employee's Lieutenant of the need for modified duty.
B. Maternity Duty assignments will be made consistent with the operational
needs of the Sheriff's Office and may include temporary reassignment to
another Bureau. Consideration will be made for any specific restrictions
identified by the employee's physician.
C. Maternity Duty assignments shall avoid the following:
1. A change in shifts without a request or agreement by the officer.
2. Firearms training or qualification (except simulated training).
3. Exposure to high concentrations of toxins, chemical or infectious
agents, or controlled dangerous substances.
D. Pregnant officers who cannot wear their duty belts will be reassigned to
positions that do not involve direct contact with inmates.
E. Officers already assigned to specialty positions and posts not requiring
inmate contact may remain in those assignments with no special
modification.
F. Temporary reassignment to an alternative duty assignment will not impact
salary, seniority, eligibility for promotion, or consideration for specialty
positions. Officers on Maternity Duty will continue to receive normal
promotion and pay increases while in that status.
IV. TRAINING AND RANGE QUALIFICATION
A. Pregnant officers should not participate in training that involves high-
impact activity or falls. Training that involves physical contact should be
limited to restraint techniques.
Page 3 of 5
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: PREGNANT OFFICERS NO: A-220
FILE: PREGNANT OFFICERS
B. Training that involves the exposure to contaminants should be avoided.
Pregnant and lactating officers are permitted to opt out of OC exposures
during training.
C. Pregnant and lactating officers are not required to participate in live-fire
training or range qualifications. Potential risks associated with noise levels
and exposure to heavy metals and solvents used forweapon cleaning may
be harmful to the fetus.
1. In deference to current findings, the Sheriff's Office strongly
recommends that pregnant and/or nursing officers not shoot firearms.
2. If an officer chooses to shoot a firearm, the Sheriff's Office will permit
the training/qualification to proceed and offer pregnancy-related
accommodations (e.g., another person should clean the firearm).
(Refer to the Waiver of Liability and the recommendations suggested
under Addendum B.)
V. MATERNITY UNIFORM
A. Uniformed personnel may wear the special maternity uniform after the
employee receives her physician's written confirmation of pregnancy. The
maternity uniform requirements shall be adhered to as indicated in
Sheriff's Office policy#1024/Uniform Regulations.
1. The maternity uniform shirt shall have an even hem and may be
expanded as necessary by side panels inserted in the side seams of
the shirt. Manufacture printing shall not be allowed to show outside of
the uniform shirt.
2. Maternity uniform trousers may have an expandable front panel sewn
into the front zippered portion of the trousers and/or elastic or
adjustable fasteners may be sewn into the waist area. The front panel
shall be the same color as the uniform pants.
3. The maternity uniform shirts shall be worn outside of the trousers and
be long enough to completely cover the front panel of the maternity
uniform pants and any added elastic or fasteners.
4. Staff members wearing the maternity uniform shall not be required to
wear the uniform belt.
Page 4 of 5
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: PREGNANT OFFICERS NO: A-220
FILE: PREGNANT OFFICERS
B. Because the maternity uniform does not incorporate the use of the duty
belt, the officer will not have ready access to safety equipment. For safety
reasons, the officer will be reassigned to a position that does not involve
direct contact with inmates, and/or where access to safety equipment is
immediately available.
C. The employee shall bear the expense of clothing alterations.
D. The maternity uniform may continue to be worn for 90-days following
childbirth.
VI. LEAVE OPTIONS
The Sheriff's Office adheres to County policy and procedure for consideration
of leave requests. For information concerning paid and unpaid leave benefits,
contact the Sheriff's Human Resources Unit.
VI I. LACTATION ACCOMMODATIONS
A. The Jail Division Lactation Room is located on the Main Jail 2nd floor at the
end of the hallway near the Briefing Room.
B. Any refrigerator accessible to staff may be used to store breast milk.
(Breast milk is food, and is completely safe to store alongside other foods
in any refrigerator that is appropriate for food storage.)
C. For additional information regarding lactation accommodations, refer to
Fresno County Sheriff's Office policy #1018/Lactation Break Policy.
Page 5 of 5